TEMPO.CO, Jakarta - Quietly, the seeds of antipathy, and even lack of public trust of members of the House of Representatives (DPR) especially those from the coalition of five parties supporting presidential and vice-presidential candidates Prabowo-Hatta Rajasa were sown about two weeks ago. This was when the DPR passed revised Law No. 27/2009 on the legislators, which turned into a show of force by those who are anti-reform and anti-equality, as well as resistant to the anticorruption struggle in the nation.
This legislation, now known as MD3, has the potential to incite those opposing the DPR to use extra-parliamentary forces when facing legislative challenges. How could it be otherwise when the legislation originally aimed at strengthening the position of the Regional Representatives Council (DPD) vis-à-vis the DPR and the People's Consultative Assembly (MPR) was redirected mid-course? Suddenly we realize there was a new force opposing the ideals of the reform era.
The walk-out by representatives from the Indonesian Democratic Party of Struggle (PDI-P), National Awakening Party (PKB) and the People's Conscience Party (Hanura) from the session drawing up the revised law can perhaps be understood as a protest from these major parties to the article that reads: the speaker of the MPR/DPR does not have to be from the party that won the legislative election. Vested interests are unavoidable in a party system, and we would hope that the opportunity for parties which did not win the election would improve the competitiveness of election winners in the contest for the speaker's chair.
When the Budget Council, believed to be a comfortable place for legislators to help themselves to state funds, was retained, but the State Finances Accountability Board (BAKN) dissolved, we were quick to detect the signs of a weakening of the anticorruption policy. The BAKN, which was established to follow up on reports of investigations carried out by the Supreme Audit Agency (BPK), plays an important role in monitoring the use of state funds.
The elitist stance of the DPR, which cares nothing for the principle of equality before the law, can clearly be seen in the article stipulating that agreement is required from the DPR Honor Council before legislators can be summonsed or questioned in connection with criminal cases. Members of the DPR, directly elected by the people, are slowly closing the door to the outside world.
The existence of the Court Honor Council, which is a stronger replacement for the Honor Council, is a serious attempt by the DPR to reinforce itself as an entity, with special treatment and rights for its members. Although this will not apply to special crimes, the most repugnant signs of elitism are apparent in the article that requires permission from the Constitutional Court before a legislator can become a witness when he or she is questioned by law enforcement officers.
This happens despite the fact that a democratic system underlines the importance of checks and balances for all state institutions. In practice, the presence of checks and balances in Indonesia can be seen from the absence of monopolies of power held by institutions. Unfortunately, the MD3 Law once again places all power in the hands of the executive and legislative branches. Therefore, everyone who supports the reform era must call for a judicial review of this revised law. (*)
