Jakarta – The bill outlining the guidelines for the People's Consultative Assembly (MPR), House of Representatives, Regional Representatives and provincial and regency legislatures has maintained but restricted the ruling on recalling party members, so leaders can no longer arbitrarily replace party representatives they believe are acting out of line in parliament.
Eva Kusuma Sundari, a legislator from the Indonesian Democratic Party of Struggle (PDI-P), said since the 2008 general election law meant legislators were elected by the people, not their party heads, the bill limited the capacity of leaders to simply replace their representatives.
"Party leaders have the authority to recall their members in the House of Representatives and provincial and regency legislatures but can no longer do it as easily. The bill has included a defense procedure that legislators can call upon to argue their case," she told The Jakarta Post on Thursday.
The bill, which is one of the political laws still being deliberated by the House, allows legislators to take disputes within their party to the House's Code of Ethics Council for resolution, or to a plenary session for defense and political settlements.
Eva, also a member of the House's Commission II on home affairs, said legislators should be seen as representatives of their constituents rather than their parties because they were elected to their positions by the people, not their respective political organizations.
Party leaders have in the past used the recall ruling to replace any legislator they deem to be violating party policies or decisions.
The bill also strengthens the legislative function of the Regional Representatives by awarding more legislative rights to the DPD when devising and deliberating laws.
So far, the DPD has been limited to offering legal considerations to bills exclusively dealing with economic development in regions.
Political parties decided to decline amending the 1945 Amended Constitution to grant more authority to the DPD. The Regional Representatives wanted to be shifted into a senate or upper House position under a two-room parliamentary (bicameral) system. The DPD has attained the stance that eventually the country will have to convert to the new parliamentary system.
The parties have instead recommended regional representatives spend more time in their own region than in Jakarta to help cope with regional problems.
The DPD, developed from the regional representative faction at the MPR, has 132 members representing 33 provinces across the archipelago, and is elected directly during legislative elections.
Political analysts and constitutional experts have called for an amendment to the constitution to strengthen the role of the DPD, implement the two-room system and ensure a check-and-balance mechanism in the parliament. Observers have criticised the lack of this system as a major contributor to the poor performance of the House and widespread corruption among legislators. Patrialis Akbar, a legislator from the National Mandate Party (PAN), said the PAN and Democratic Party (PD) factions had thrown their political weight behind growing calls for an amendment to the Constitution and supported boosting the authority and presence of the DPD in devising laws.
"With its dominance in the House in the next five years, PD is expected to take a leading role in lobbying other parties to win adequate political support for the Constitution's amendment," he said. Support is required from at least two-thirds of the MPR in order to make any amendments to the Constitution.
The bill will continue to be discussed throughout the next 5 months until the House ends its term in office in October. It is one of 39 bills the House has given absolute top priority to be completed.
Ganjar Pranowo, chairman of the special committee assigned by the House to deliberate the bill, said discussions should be finished by the end of June. (hdt)