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DPD pushes for more legislative powers

A plan to expand the power of the Regional Representatives Council (DPD), a branch of the country’s legislature representing the country’s provinces, has been met with skepticism because Indonesia’s legislature has a history of corruption

Nurul Fitri Ramadhani (The Jakarta Post)
Jakarta
Fri, August 26, 2016

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DPD pushes for more legislative powers

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plan to expand the power of the Regional Representatives Council (DPD), a branch of the country’s legislature representing the country’s provinces, has been met with skepticism because Indonesia’s legislature has a history of corruption. Many of its legislators have been imprisoned for graft.

In the ongoing campaign for a fifth amendment to the Constitution, the council, which holds 132 seats on the People’s Consultative Assembly (MPR), has demanded an equal right to the House of Representatives, another branch of the legislature representing political parties, in formulating legislation, budgets and supervising the government.

Constitutional law expert Feri Amsari from Center of Constitutional Studies at Andalas University in West Sumatra predicted that if the House and the DPD had equal power, corrupt practices, presently centered at the House, would spread to the DPD.

“Deals under the table to pass bills will happen, not only among legislators, but also among councilors,” Feri said.

He argued that councilors could still fight for regional aspirations with their current authority. It is just a matter of properly expressing themselves.

“All this time we don’t hear their voices. In fact, if they loudly proclaim their recommendations, the public will notice, and they can press the House to follow,” Feri added.

Although the DPD and the House make up the People’s Consultative Assembly (MPR), the DPD is far weaker than the House and critics have called for the dismissal of the council.

Established as part of the implementation of regional autonomy after the fall of Soeharto, the DPD only has limited access to the legislation process and only supervises the implementation of laws related to regions.

Like members of the House, DPD members are elected during legislative elections for a five-year term, with the former representing political parties and the latter representing regions, but the Constitution only grants lawmaking and budgeting authority to the House.

DPD Deputy Speaker Farouk Muhammad said the people in the regions seemed to have no representatives, because the House tended to ignore the regional aspirations expressed by DPD members.

Article 22 of the Constitution stipulates that the DPD has the authority to only consider and recommend things in the lawmaking process. This is not enough for the councilors.

“Most of the time, the House refuses to consider our recommendations. We know we can’t overcome their power, but at least we can make it balanced. Let us have binding powers to make regulations for the sake of the prosperity of the regions,” Farouk said.

Once granted the power, the councilors would be equal with the House in the legislative process, bringing the country closer to a bicameral system, in which both branches of the legislature check and balance the government.

Law experts in Indonesia tend to agree that a strong bicameral legislature is the most ideal concept to pursue, but whether the country is ready for such a system is another debate.

Asep Warlan Yusuf, a constitutional law expert from the Bandung-based Parahyangan Catholic University (Unpar), said the country was not suited to a strong bicameral legislature because the House and the DPD would have overlapping authorities, which could lead to an ineffective legislative agenda.

“Both of them have different positions and interests. One bows to the interests of political parties, another one follows regional interests. They will collide with each other,” Asep said.

The process to adopt a bicameral representative system may not run smoothly as political parties are reluctant to share power with the DPD in lawmaking, budgeting and supervision, arguing that the DPD could not even adequately handle its current powers.

“The DPD has the authority to propose bills related to regional interests, but they never prepare the bills and academic transcripts well. They don’t even work on their functions optimally,” legislator Arsul Sani of the United Development Party (PPP) said.

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