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Jakarta Post

DPD has full constitutional authority and rights as an institution: Chairman

Call to vote: A man passes a banner in Bendungan Hilir, Central Jakarta

The Jakarta Post
Sat, March 8, 2014

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DPD has full constitutional authority and rights as an institution: Chairman Call to vote: A man passes a banner in Bendungan Hilir, Central Jakarta. The banner urges people to exercise their right to vote in the April 9 legislative election. (JP/P.J. Leo) (JP/P.J. Leo)

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span class="inline inline-none">Call to vote: A man passes a banner in Bendungan Hilir, Central Jakarta. The banner urges people to exercise their right to vote in the April 9 legislative election. (JP/P.J. Leo)

The Regional Representatives Council (DPD) is the second legislative chamber after the House of Representatives (DPR). However, since its inception in 2004, the DPD has been less dominant than the House in determining national policies and legislation. Many deem its existence meaningless due to its limited authority over budgeting, legislation and monitoring. DPD Speaker Irman Gusman recently talked with The Jakarta Post'€™s Hans David Tampubolon about his institution'€™s authority and role.

Question: Can you provide a review of the DPD'€™s contributions during the 2009-2014 legislative period?


Answer: The DPD, as the official national representation of constituents in the regions, has developed a stronger bond among the people as a nation with its diversity. The DPD is a reliable channel through which people in the regions can voice their aspirations and concerns.

We all know that after the New Order crumbled, tensions regarding separatism based on region- and tribal-based spirits arose. This situation was based on the regions'€™ disappointment with the exploitative system of the regime. The DPD, which is directly elected by the people in the regions, then emerged and managed to address this disappointment and issues.

Through this capacity, the DPD has managed to resolve numerous sensitive conflicts in the regions. They include sectarian, religious-based and social conflict. DPD councilors, who are directly elected by the people, all have the capacity to address those conflicts to prevent them from escalating even further.

The DPD has also managed to represent the regions in formulating legislations that could directly impact our constituents. The DPD has within the last 10 years also managed to shift the central government'€™s mindset. The regions are no longer objects of development but have also become subjects because their aspirations and concerns are represented by the DPD.

In terms of budgeting, the DPD has also managed to increase budget transfer to the regions to 30 percent from 16 percent. The results can be seen in the current budget balance between the central government and the regions. There is almost an even balance.

Are you saying that the DPD has become a pressure group for the regions?


The DPD is not a pressure group. It is the second legislative chamber whose members are directly elected during the general election. DPD members are, therefore, the most trusted representatives of the people in their respective region and are all directly mandated to channel the regional issues at the central level.

DPD members regularly communicate with the House, the government and the President through working and consultation meetings to address the issues in their respective regions. The DPD chairman also regularly holds an official state speech together with the President to voice the aspirations and concerns of the people in the regions.

Does the DPD need more authority since it still does not have full legislative authority?


The DPD, in fact, has had a full legislative authority based on a ruling issued by the Constitutional Court. The ruling was on the judicial review of the Peoples Consultative Assembly [MPR], the House, the Regional and Provincial Legislative Councils [DPRD] and the Regional Representatives Council [MD3] Law.

Under the ruling, the court stressed that the DPD had full constitutional authority and rights over budgeting, legislation and monitoring. The DPD must be fully involved in all legislation. The DPD is not able to officially drop the hammer to endorse legislation products in the final second stage of a legislative process but even in this stage, the DPD must be given room to voice its views and stance.

Do you think the DPD still needs more authority?


As long as the court ruling is fully implemented, then the DPD'€™s authority will have a big progressive jump ahead. As of now, the House is still reluctant to fully implement the ruling.

How do you deal with the House'€™s reticence?


We are preparing a revision of the MD3 Law to comply with the court ruling. The court ruling basically simplifies the legislative process, which is conducted by three parties '€” the government, the House and the DPD. As of now, the House tends to spend too much time bickering during the legislative process because it is divided into numerous factions of political parties.

In the future, House members must be able to reach a consensus among themselves before discussing any legislative product with the DPD. This is huge progress because it will force the House to have a new paradigm for deliberating bills into laws.

The House must also remember that the court ruling is final and legally binding. Therefore, it must be fully implemented. An act of doing otherwise will place legal uncertainties on the future legislative products.

Is there a move to urge the House'€™s commitment to implement the ruling?


The DPD does not need to urge anything. The court ruling is a solid legal basis. The ruling is so progressive that the House thinks that it has given the DPD more authority than it deserves. However, the House must remember that the court issued the ruling after it reviewed the concept of the DPD and its purpose.

The ruling practically opens the doors for the DPD to be involved in all legislative processes because almost all national policy will affect the people in the regions. The policies range from regional autonomy issues, natural resources and other economic resources. All of them affect the regions. There is almost no room at all to avoid the DPD in participating and practicing its legislative rights in future deliberations of bills.

Do you believe the revision of the MD3 Law is achievable before the end of the 2014 term?


Yes, the revision of the MD3 Law must be completed before October 2014, during which the term of the current government will end.

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