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MPR sticks to old rules amid concerns
Jakarta Post - September 30, 2014
Previous concerns from several lawmakers went unfounded as the MPR turned down a demand to revise several articles that detailed the necessary procedures to remove a president upon the recommendation of the House of Representatives.
The MPR also refused to lower its bar to accommodate demands to revise the Constitution. Many feared that lowering such requirements would pave the way for the Red-and-White Coalition, led by defeated presidential candidate Prabowo Subianto, to scrap direct presidential elections as mandated by the Constitution.
However, legal experts have voiced concerns over a stipulation in the MPR regulations that can be loosely interpreted by vested interests. The stipulation revolves around a procedure to remove a serving president.
Article 117 of the MPR regulation stipulated that "to be able to recommend a removal, the House is required to include a ruling by the Constitutional Court that proves the president or vice president has violated the law in the form of treason against the state, corruption, bribery as well as other misconduct."
Constitutional law expert Margarito Kamis said a loose definition of "other misconduct" may open up space for numerous interpretations that could be used by politicians to disturb the serving president amid a highly fragmented House.
"The lack of a definition of 'misconduct' will encourage the House to make its own definition. And such a definition can be easily endorsed by whoever gains majority support in a voting session," Margarito said. "The political situation in the House shows us who holds the power in the legislature," he added.
Margarito was referring to the Red-and-White Coalition that will control 292 of the total 560 House seats, while the coalition of president-elect Joko "Jokowi" Widodo will hold 207 seats. The remaining 61 seats are controlled by President Susilo Bambang Yudhoyono's Democratic Party. The new legislators will be sworn in on Oct. 1.
As previously reported, several legislators said that the Red-and-White Coalition was seeking to scrap direct presidential elections and transfer the people's political right to elect their national leader to the MPR.
Presidential elections carried out by the MPR would resemble those practiced during Soeharto's New Order era. The coalition would attempt to do this by amending the 1945 Constitution.
Political analyst Asep Warlan Yusuf of Parahyangan Catholic University (Unpar) believed the political dynamic in the House would influence the process in the MPR. The MPR consists of 560 House lawmakers and 132 Regional Representatives Council (DPD) members.
"As a joint session of the House and the DPD, the battle of the two coalitions will spill over into the MPR," Asep said. To prevent lawmakers abusing their authority and disrupting the government, Asep emphasized the urgent need for objective, independent and professional Constitutional Court justices.
Source: http://www.thejakartapost.com/news/2014/09/30/mpr-sticks-old-rules-amid-concerns.html.
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