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WRAP-UP OF MPR LEGISLATIVE ACTIONS

Summary: In addition to voting on President Habibie’s accountability speech, the People’s Consultative Assembly (MPR) on October 19 passed by acclamation a number of key pieces of legislation: revocation of the 1978 law incorporating East Timor into Indonesia, approval of the State Policy Guidelines (GBHN) for the 1999-2004 period, amendments to the 1945 constitution that will curtail the powers of the President, and a commitment to incorporate into law special autonomy status for Aceh and Irian Jaya. We understand that MPR decrees, including that on East Timor, will go into effect as of the close of the MPR session, now scheduled for October 21. End summary.

Accountability Speech

In the only vote of the plenary, 691 members cast secret ballots accepting, rejecting or abstaining on President Habibie's October 14 accountability speech. In a fully televised procedure, the MPR voted to reject the speech by a vote of 355 to 322, with 9 abstentions and 4 spoiled ballots. The entire, two-hour long procedure, was carried live on several Indonesian television stations.

The pen and paper procedure used reflects lingering distrust of mechanical voting equipment (which the MPR has) and overwhelming desire to make it as transparent as possible. Members were called by name to the front of the chamber where they submitted a paper with their name and in return received a ballot. Each then entered one of several partitioned booths and wrote one of three options on the ballot before stuffing it into a clear plastic box, before exiting the chamber. The ballots were read out loud and each vote marked (with a "line" under one of the three options) on a white board at the front of the chamber. The tally went back and forth, with votes to "accept" gaining an early lead only to be overtaken by a steady run of "reject" votes. In the end, given the transparency of the procedure, no one challenged the outcome, despite there being only 33 votes separating the "reject" from the "accept."

East Timor

Shortly after midnight on October 20, the plenary accepted, by acclamation, the recommendation of the commission to endorse the results of the August 30 East Timor consultation. The decree adopted repeals the MPR decision of 1978 incorporating East Timor into Indonesia, without any conditions.

Aceh and Irian Jaya

The assembly adopted by acclamation the recommendation of the commission that special autonomy status be given to Aceh and Irian Jaya. The recommendation, however, was vague as to when and how the necessary laws should be passed by the Parliament (DPR). This issue was hotly debated in the commission, with some MPR members from Aceh arguing that this MPR should pass the necessary legislation before it adjourns. The State Policy Guidelines include directives to the new government to resolve the conflict in Maluku (Ambon) and to investigate human rights violations in Aceh and Irian Jaya and to prosecute those found responsible.

Constitutional Amendments

The MPR also adopted by acclamation the recommendations of the commission to amend 10 articles of the 1945 constitution with the effect of curtailing the power and prerogatives of the President and strengthening those of the Parliament (DPR). Notable among these are: stipulation that the President/Vice President are limited to two five-year terms; requirement that the President can continue to make laws but they must now be deliberated and endorsed by the Parliament; and requirements that the President consult with Parliament prior to appointing diplomats, granting agrement to foreign ambassadorial nominees, pardoning or amnestying prisoners, awarding honors and medals. The MPR also referred a number of other, more controversial amendment proposals to a working group that will report back to the DPR next year.

State Policy Guidelines

The MPR unanimously approved the State Policy Guidelines (GBHN) which set forth the MPR's mandate for the next five years. In a major departure from past practice in which the guidelines contained directions only for the President, this time it includes directives not only for the President but also the Parliament (DPR), the Supreme Court, the Supreme Advisory Council (DPA), and the Supreme Audit Agency (BPK). Also new is the requirement that not only the President but also the other state bodies will have to account to the MPR (which will now meet annually instead of once every five years) for their execution of the policy guidelines. The new GBHN is divided into broad sectors: law, economy, politics, religion, education, social life and culture, regional development, natural resources and environment, and defense and security.

Economic policy dominates the GBHN. It directs the government to create a market-based economy with fair, open competition and to prevent monopolies and corruption. The government is instructed to give special attention to the development of small and medium enterprises and cooperatives, within the free-market framework. Foreign loans are to be decreased in an effort to lower the state budget deficit. The new government is ordered to renegotiate and restructure external debts in cooperation with the IMF, IBRD and other creditors and to seek DPR approval for new foreign borrowing.

The government is to promote the rule of law, uphold human rights, and improve the welfare (salaries) and quality of law enforcement personnel, including the police. Included in the guidelines are special clauses directing the government to resolve the communal conflict in Maluku (Ambon) and to immediately investigate human rights violations in Aceh and Irian Jaya, and to prosecute those found responsible for the abuses. Senior officials are now required to disclose their assets before and after their tenure in a bid to prevent corruption. civil service reform will be undertaken through better pay, better promotion, and better training.

In the areas of defense and security, the government is directed to abolish the TNI/POLRI seats in the DPR. (Note: TNI/POLRI have agreed to phase out their "dual function" seats by 2004.) The new government is also directed to improve the image of the military and to train them to protect human rights and democracy as well as defend the nation.

Regional development, particularly that of eastern Indonesia, is given high priority with the new government required to delegate greater responsibility to provincial administrations to handle investment licensing and manage their natural resources.


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