LRWD I N D O N E S I A
Law Reform Weekly Digest
Edition 28/August/2013
House Speaker, Marzukie Alie,!opened the Period I Year 2013-2013 Session on 16 August 2013; attended also by leaders of the Regional Councils. The session held the Presidential Speech on Governmental Introduction/
Information on the State Budget Bill for the 2014 Fiscal Year and its Financial Notes. The Period I Session will end on 25 October 2013.
In relations to the legislative function implementation, the House will finalize 35 bills already on first-level discussions of the Commission, Legislative Body and Special Committee.
Some bills worth mentioning; the National Security Bill, Village Bill, Local Government Bill, Accelerated Development Island Regions Bill, Protection of Indonesian Migrant
Workers Bill, Rupiah Rates Amendment Bill and Financial State Bill.
Regarding the budget function, besides discussing 2014’s State Budget Proposal, the House Speaker confirmed further discussions towards the bill on Accountability of State
Budget Implementations for the 2012 Fiscal Year. In aspects of supervision, the House still focus on the agendas of the following monitoring teams; the Century Bank Case, Implementation of Special Autonomy in Aceh and Papua, Settlement of Land and Agrarian Conflicts and Protection of Indonesian Workers Abroad. Commissions will also continue to discuss current issues that need to be settled through the formation of a Working Committee. (RR)
Parliament
House of Representatives Agenda: Period I Year 2013—
2014 Opening Session
In This Issue
House of Representatives Agenda: Period I Year 2013—
2014 Opening Session
ParliamentLaw Policy
DKPP as Supervisors in Election Ethics
Supreme Court’s New File Examination System
Presidential State Address at House and Regional Council Joint Session
Corruption in SKK Migas:
Institutional Reform Needed
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Law Policy
DKPP as Supervisors in Election Ethics
The Election Honorary Council or “Dewan
Kehormatan Penyelenggara Pemilu” (DKPP) is a newly formed institution in Chapter V of Law 15 year 2011 on the Election. Article 109 regulates that it has authority to inspect and determine complaints or ethical alleged violation reports done by election organizers. Although in reality, some cases they have decided upon are way off the ethical code topic.
Up until July 2013, DKPP have heard 97 cases from the 200 that they have received. They have ousted 49 Electoral Commission and Electoral Supervisory Board members on the provincial and district level based on violations of the ethical code. These decisions aren’t solely linked to ethical codes, but is also included in the aspect of technical administrations of the election.!!For example; DKPP’s decision towards the Electoral Commission to include 18 political parties who did not pass the administration verification of the factual verification stage. Also, the decision which requested the Commission to restore the rights of one legislative candidate from the National Mandate Party from the West Sumatra’s!constituency.
These verdicts have nothing to do with the ethical code, therefore contradict with DKPP’s
authority. Plus, they oppose the Electoral Commission and Electoral Supervisory Board’s
previous rulings.
Elections are chock-full of significance, therefore should be implemented based on clear, firm rules. Organizers must also be impartial towards any and every political interest. The existence of DKPP is to oversee ethical aspects of the Commission and Board, therefore it should not resolve unrelated matters with their own hands. (FN)
Law Policy
Corruption in SKK Migas: Institutional Reform Needed
After a long stakeout since the end of Ramadan, on Wednesday, 14 August 2013, KPK ambushed the Head of the Oil & Gas Task Force Unit during a bribe transaction, confiscating USD 200.000. This confirms the accusation of impure practices in the oil and gas sector.
With an industry worth reaching Rp. 300 trillion/year and being the second largest state revenue
contributor, the needs to run an accountable, clean and transparent organization is a
must.
The Oil and Gas Special Task Force Unit was formed this year, after the dismissal of the Oil and Gas Management Agency via constitutional court decision. The court annunciated dishonest governance practices within the Management Agency’s performance. Post-dismissal, the President issued Decree No. 95 Year 2012 which
essentially allocated the Management Agency’s authorities to the Ministry of Energy and Mineral Resources. In this year, the President formed the Oil and Gas Special Task Force by Decree No. 9 Year 2013 later followed by Ministry’s Decree No. 9 Year 2013 which basically has the same duties and functions as its predecessor.
The great authority handed to the Unit is worsened by its low accountability. For instance; the largest corruption allegation is in regards to the cost recovery bill, which indicates a need for serious institutional reform. One way is to encourage greater transparency, reduce and
reallocate authorities to other institutions. Besides this, another reform to be taken into serious consideration is reconstructing the contract model, reducing potential corruption, including the eradication of cost recovery in the contract clause. (GAT)
Parliament
Presidential State Address at House and Regional Council Joint Session
In commemoration of Indonesia’s Independence Day, the President present his annual state address; a
practice similar to State of The Union in the US. During previous regime, the President present his speech during thePeople's Consultative Assembly Session. This practice, which most constitutional law experts
categorize as constitutional convention, has progressed with the formation of the Regional Representative Council (Dewan Perwakilan Daerah/DPD) on 1 October 2004 as a third change in the Constitution.
The previous practice was the President will present his speech in 2 sessions; the House’s (16 August) and the Regional Council’s (23 August). This is to signify that regional areas have a say in the State Budget Draft, for instance on 23 August 2006, the Presidential address was titled “Regional Development in the 2007 State Budget Draft”. Even though the Regional Council’s legitimacy to hold the session is still in doubt, the practice still went on from 2005 until 2009.
This year, the House and Regional Council held a joint session, which meant the President should only present his address once. The state addres is now regulated in Article 199 clause (5) and Article 268 clause (5) in the 27/2009 on People’s Consultative Assembly, the House, the Regional Council and Parliament. And it also regulated in the House and Regional Council Joint Regulation No. 2 Year 2010 regarding Annual Presidential Speech Joint Sessions. Through these provisions it has been approved that a joint sessions will be held alternately between the House and Regional Council, taking turns each year.
If being done consistently, it also signifies the existence of the Regional Council in inter- agency relations, especially in
constitutional design.
(MSG)
Supreme Court
Supreme Court’s New File Examination System
Starting 1 August 2013, the Supreme Court imposed a new file examination system, stipulated in the Chief of Supreme Court Decree No. 119/
KMA/SK/VII/2013 on the Day of Deliberation and Decision at the Supreme Court of the Republic of Indonesia. It contains 8 dictums, one of them is that the above mentioned day should be set no later than 3 (three) months since the case file is received by the Chairman. This is with the exception of cases expedited by the constitution, for example Special Civil Lawsuits or criminal cases in which imprisoned defendants.
The enactment of this new system will allow the Supreme
Court to immediately set deadlines for case decisions with a three-month time limit since its
reception by the council. The Supreme Court Justices no longer takes turns in examining
files, which has been happening this whole time.
Each will be given the files simultaneously to be read and viewed, in which each opinion will be discussed on the set Day of Deliberation and Decision. This will accelerate file examination process than before.
In addition to this, the Supreme Court also issued several Chief of Supreme Court Decrees relating to its implementation of the chamber system. One of them, No. 017/KMA/SK/II/2012 divides the
chambers into the following categories; criminal, civil, administrative, religious and military. Specific civil and criminal fields will each be merged into their appropriate chambers.!!By the implementation of the chamber system, Supreme Court Justices are grouped into rooms according to competency which hopefully will bring down the towering cases handled by justices. (RMF)
