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Legislative reform needed: Experts

Source
Jakarta Post - November 9, 2007

Desy Nurhayati, Jakarta – Constitutional law experts have recommended improvements to the legislature's system of checks and balances between the House and Regional Representatives Council (DPD).

Denny Indrayana, a constitutional law expert at Gadjah Mada University, said Thursday the country needed to amend the structure and authority of its legislature bodies, including transforming the People's Consultative Assembly (MPR) from a body into a joint forum.

"It is necessary to restructure the legislative bodies by giving more power to the DPD and controlling the House, which has become constitutionally too powerful," he said. "The DPD should be allowed to have more power than it currently has under the amended Constitution."

Denny was speaking at a discussion of his recently published book, Amendemen UUD 1945: Antara Mitos dan Pembongkaran, or The Amendment of the 1945 Constitution: Between Myths and Debunking.

The 1945 Constitution was amended four times between 1999 and 2002. "Just like the House, the DPD should also be given the right to implement its legislative authority," Denny said.

The DPD has said it is unable to uphold the system of checks and balances because the House is too powerful.

The council has demanded the amendment of Article 22(D) of the Constitution to give it full legislative and budgetary rights, particularly in matters relating to the regions. It also wants effective controls to provide an effective check to the House.

Denny also said, "It is recommended that the MPR be transformed into a joint session between the House and the DPD rather than being a separate body."

Saldi Isra, director of the Center for Constitutional Law Studies at Andalas University in West Sumatra, agreed the country's legislative system needed an overhaul.

"After being amended four times, there are unfinished parts of the Constitution, especially regarding the legislative system, which is now implementing a three-chamber system consisting of the MPR, the House and the DPD," Saldi said.

"By improving the role of the DPD and changing the MPR, we can implement a two-chamber system and achieve a stronger checks-and-balance mechanism."

President Susilo Bambang Yudhoyono has pledged to empower the DPD before the 2009 general election and implement a two-chamber legislative system.

However, MPR Speaker Hidayat Nur Wahid disagreed with the recommendation to change the Assembly's status because it would strip the body of all its authority.

According to Article 3 of the Constitution, the MPR can amend the Constitution, install the president and/or vice president and dismiss the president and/or vice president, according to the rules laid out in the Constitution.

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