2004-2004

in brief

I. INTRODUCTION

Indonesia is a unitary state that takes the form of a republic. Sovereignty is in the hand of the people and shall be implemented according to the laws.

The 1945 Constitution of the Republic of Indonesia stipulates that there are state bodies namely: the House of Representatives (DPR), the Regional Representatives Council (DPD), the People’s Consultative Assembly (MPR), the President, the State Audit Board, and the Supreme Court.

The MPR consists of the Members of DPR and the Members of DPD, both are elected through general elections. The MPR may, upon the request of the DPR, dismiss President and/or Vice President.

The motion to impeach the President and/or the Vice President may be charged by the DPR to the MPR after previously refer it to the Constitutional Court for its examination, judgement, and ruling that the President and/or the Vice President has violated the laws for betraying the country, corruption, bribery, criminal acts, moral turpitude; and/or because the President and/or the Vice President does no longer meet the requirements to become President and/or Vice President.

II. HISTORY

Being aware that a representative body is prerequisite in a democratic country, before there was an election to form the parliament, after Indonesia became independent, the President run its administration with the help of the Indonesian Central National Committee (KNIP), a body with a parliamentary nature. On 29 August 1945, the President sworn in the Members of this Committee at the Playhouse at Pasar Baru, Jakarta. That date is now commemorated as the birth date of the DPR and the MPR.

The first meeting of the KNIP on 29 August 1945 saw the election of its leadership, as follow:

Chairperson: Mr. Kasman Singodimedjo
Deputy Chair I : Sutardjo Kartohadikusumo
Deputy Chair II : Mr. J. Laturharhary
Deputy Chair III: Mr. Adam Malik

III. MEMBERSHIP

The House of Representatives or the DPR, is the DPR as stipulated in the 1945 Constitution.

The DPR performs its tasks in accordance with Pancasila, the 1945 Constitution, and other laws, such as law no 12 year 2003 on General Elections, law no 31 year 2003 on Political Parties, law no 22 year 2003 on the Structure and Composition of the DPR, the DPD, the MPR and the DPRD, and Presidential Decree no 137/M year 2004.

The DPR Members are the representatives of the people, who should take oath or promise as regulated by the laws, and have to matter the interests of the people in exercising their duties.

The current DPR Members are members of political parties contending in the general election held on 5 April 2004.

 
IV. FACTIONS (POLITICAL PARTIES GROUPING)

Factions are the grouping of Members according to the configuration of the political parties that won seats in the election. Faction is independent and is established to optimise and effectuate the implementation of the tasks, duties, and rights of DPR. Every Member shall be a member of a faction, while the leadership of a faction is decided by the faction itself.

The main task of a faction is to coordinate the activities of the Members in exercising the tasks and authority of the DPR and to increase the capacity, disciplines, effectiveness and efficiency of the work of the Members.

The names of the factions and the number of the members

V. TASKS AND AUTHORITY

In implementing its functions in legislation, budgetary and oversight, the DPR shall have the following tasks and authority :

1. to make laws together with the President to get common agreement
2. to deliberate and to agree or not to agree on government regulation in lieu of law
3. to receive and deliberate bill proposed by the DPD concerning the regional autonomy; centre/region relations; establishment, expansion and amalgamation of region; management of natural resources and other economic resources; and to involve the DPD in the deliberation
4. to take into account the consideration of the DPD on State Budget Bill and Bill related to tax, education and religion
5. to decide the State Budget together with the President by taking into account the consideration of the DPD
6. to oversee the implementation of laws, State Budget, and government’s policies
7. to select the Members of the State Audit Board while also taking into account the consideration of the DPD
8. to deliberate and to follow up the results of the audit on state budget spending submitted by the State Audit Board
9. to absorb, collect, accommodate and to follow up the people’s aspirations, and
10. to implement other tasks and authority as assigned by the 1945 Constitution and other laws.

In carrying out its tasks and authority the DPR may : conduct consultation and coordination with other state bodies; summon state officials, legal body, or member of the society to give explanation

 
VI. THE RIGHTS OF THE DPR

The DPR in implementing its tasks and bodies has the rights of interpellation, enquiry, and the right to express views.

In addition to the rights of the DPR as a body, the Members of DPR have the rights to propose a bill; to ask question; to express ideas; to elect and be elected; to self defend; immunity; protocol; finance and administration.

 
VII. SESSIONS

The DPR sitting calendar starts on 16 of August and ends on 15 of August the following year, and if 16 of August falls on public holiday, the session starts on the previous working day.

The sitting calendar is divided into 4 sessions. One session includes sitting days and recess, except for the last session of one parliamentary term, there is no recess. During the session the DPR holds its activities mainly within its premises, while during recess, the DPR may conduct field trips, whether individually or in a group.

In the beginning of the sitting calendar the main agenda is to hear the Presidential State Address in a plenary meeting. If the President cannot come to the plenary, the address should be delivered by the Vice President.

 
VIII. ORGANS

To implement its tasks and authority, the DPR has complementary organs consisting of DPR Leadership, Steering Committee, Standing Commissions, Legislation Council, Budget Committee, Household Committee, the Committee for Inter-Parliamentary Cooperation, Honour Council, and ad-hoc Committee.

1. LEADERSHIP

The Leadership of DPR is collective consisting of a Speaker and 3 (three) Deputy Speakers who are elected by the Members in a plenary meeting

Factions propose the candidates for Speaker and Deputy Speakers in writing to the temporary leadership. The candidates proposed by a Faction should consist of one name for Speaker and 3 names for Deputy Speakers originated from different Factions

Leadership of the House

The Leadership of DPR is collective consisting of a Speaker and 3 (three) Deputy Speakers who are elected by the Members in a plenary meeting

Factions propose the candidates for Speaker and Deputy Speakers in writing to the temporary leadership. The candidates proposed by a Faction should consist of one name for Speaker and 3 names for Deputy Speakers originated from different Factions

Current DPR Leadership

The tasks of the leaders are among other: to chair meetings and to wrap up the meeting for making decision; to implement the decision of the DPR concerning imposing sanction on or rehabilitation of a Member according to the regulations and laws; and to decide the directions, general policy and strategy of DPR budget management; and to account the implementation of their tasks in a plenary meeting

2. STEERING COMMISSION

The Membership of the Steering Commission is determined by the DPR in a plenary meeting in the beginning of a parliamentary term. The number of the Members of this committee at the most is one tenths of a Faction’s Members.

The task of the Steering Commission is among other: to decide the DPR programs for one sitting calendar, for one session period or part of the period, and time assumption in resolving a matter, time duration in deliberating Bill by not decreasing the power of Plenary Meeting to change it; and to decide which DPR organ should deliberate certain Bill and/or other DPR tasks.

3. COMMISSIONS

The structure and the membership of a Commission is established by the DPR in a Plenary Meeting according to the proportion of the Factions, in the beginning of a parliamentary term and in the beginning of the third Sitting Calendar. All Members, except for the Leaders of the MPR and the DPR, should become member of a Commission.

The working partners of a Commission are governmental institutions, both ministerial or non ministerial institutions, and secretariats of State Bodies. The selection of working partner should also take into account the effectiveness of DPR tasks.

The tasks of a Commission in law making is to prepare, to deliberate, and to complete a Bill which falls into its scope of duty.

The tasks of a Commission in budgeting are among other to hold preliminary discussion on the outlining of the draft State Budget together with the government, to deliberate and to propose the rectifying of the draft State Budget together with the government.

The tasks of a Commission in supervision are among other to oversee the implementation of laws, including overseeing the state budget and its implementing regulations; debate and follow up the audit results submitted by the State Audit Board; government policies; and debate and follow up the DPD recommendations.

Commissions may hold meetings with the President, which may be represented by the Ministers; hearing with government officials representing their institutions; public hearings; and make field trips during recess.

The Scope of Duties of the DPR Commissions

The 11 (eleven) Commissions of the DPR have the following scope of duties:

 
4. LEGISLATION COUNCIL

The composition of the membership of the Legislation Council is determined by the DPR in a plenary meeting in the beginning of the parliamentary term based on the proportion of the number of members in a Faction.

The tasks of the Legislation Council is to plan and set up the program and list of priority of bills to deliberate in the whole parliamentary term and in one fiscal year; and to prepare bills initiated by DPR based on the priority; and to perfecting bill initiated by Members of DPR, by Commission, or joint Commission upon their request and to send back the bill to the initiator for further process.

The Legislation Council in implementing its task may conduct co-ordination and consultation with the government, the DPD and other parties, if feel necessary, through the Leadership of the DPR.

 
5. BUDGET COMMISSION

At the beginning of its term of office, the DPR determines the Members of the Budget Commission. Members of the Commission are the members representing all Standing Commissions and all factions on the proportional basis.

The task of the Budget Commission is to deliberate the State Budget. In carrying out its duties, it may hold meetings such as hearings with President, which is usually represented by Ministers; public hearings initiated by the Commission or other parties; and consultations with DPD.

  
6. HOUSEHOLD COMMISSION

At its plenary meeting, the DPR determines the members of the Household Commission based on the proportional number of members of each faction at the beginning of the DPR term of office and of the third session period.

The main tasks of the Household Commission is to give assistance to the DPR leaders to determine the household policy including the prosperity of the DPR members and the public servants of the Secretariat General of DPR; to supervise the implementation of the tasks and duties of the Secretariat General; and to plan and determine the DPR budget policy.

The Commission has the right to ask the Secretariat General to provide them with information and data and shall submit its report to the DPR leaders once in a session year. In carrying its tasks, the Commission is responsible to the DPR leaders.

 
7. COMMISSION FOR INTER-PARLIAMENTARY COOPERATION

Members of the Commission for Inter-Parliamentary Cooperation are determined by DPR at its plenary session based on the proportional number of members of each faction at the beginning of DPR term of office and of the third session period.

The tasks of the Commission for Inter-Parliamentary Cooperation are: to foster, develop and promote friendly relations and cooperation between DPR and foreign parliaments both bilaterally and multilaterally including international organizations uniting parliaments and/or parliamentarians; to prepare everything relating to the visits by delegates of other parliaments as guests of DPR; to evaluate and develop the follow-up of the performance of the tasks of the Commission, particularly the results of the visits of the DPR delegation to abroad; and to give suggestions and proposals to the DPR leaders concerning inter-parliamentary relations.

In carrying out its tasks, the Commission may hold consultation with relevant stakeholders; establish relationship with other parliaments and international organizations with the approval of or assigned by the DPR leaders.

 
8. HONOUR COUNCIL

Members of the Honour Council are determined by DPR at its plenary session based on the proportional number of members of each faction at the beginning of DPR term of office and of the third session period. The number of members of the Honour Council is 17 persons.

The tasks of the Honour Council are as follows:

1. To carry out investigation and verification on the alleged violation perpetuated by DPR member such as for being unable to perform his or her tasks continually; for not having met the requirements as a member of parliament as stipulated in the Law of General Elections; for violating his or her oath/vow, ethic code, and/or for being unable to perform his or her obligation; or for having double position as prohibited in the law.
2. To make decision on the results of the examination and verification and submit it to the DPR leaders.

The Honour Council has the authorities to summon the member concerned to give explanations and to exercise his right of reply for any alleged violation; and question informants, witnesses, and/or related sides for any necessary information, document and other evidence.

Having performed the examination and considered the complaints, replies and evidences as well as the explanation of the witnesses, the Honour Council may impose sanctions as follows:

1. The written admonition which shall be submitted by the DPR leaders to the member concerned;
2. The dismissal penalty from the position of leadership of commissions or of complementary organs, which shall be presented to the DPR leaders to be announced at the DPR plenary session.
3. The dismissal penalty as a member of DPR. The DPR leaders shall submit it to the President for a presidential decree and then send it to the member concerned.

The Honour Council may make a decision for rehabilitation, if it cannot prove that the member concerned does violate the prevailing laws and regulations and the code of ethics as announced in the plenary session.

 
9. SPECIAL COMMITTEE

If it is deemed necessary, DPR may establish an Ad-Hoc Special Committee. At its plenary meeting, the members of the Special Committee shall be determined by DPR based on the proportional number of member of each faction. The number of the Committee shall be between 10 and 50 persons.

The Special Committee usually performs a certain task in a certain period of time as assigned by DPR plenary session. The Committee is responsible to the DPR. It shall be dismissed by the DPR if the DPR considers that it has completed its tasks or having ended the period of its assignment. The DPR plenary session then makes a decision on the follow-up of the performance work of the Committee.

A commission which is set up by a complementary organ shall be called a working committee or a team in which the number of member of the commission shall be a half of the number of the organ concerned.

The Working Committee, which performs certain tasks in a period of time, shall be determined and dismissed by the concerned complementary organ if the DPR considers it has completed its tasks or having ended the period of its assignment. The complementary organ concerned shall make a decision on the follow-up of the performance work of the working commission.

 
IX. LEGISLATIVE PROCESS

DPR has the power to make laws. The DPR and the President discuss every bill altogether for their concurrence. The DPR, the President and the DPD have the right to propose a bill. DPD may propose a bill relating to regional autonomy, relationship between central government and regional government, establishment or separation or merge of a region, management of natural resources, and other economic resources, as well as the financial balance between central government and regional government. If there are two bills for the same matter proposed within a session period, deliberation shall be made on the DPR bill. While, the bill initiated by the government shall serve as a comparison.

Within the period of 7 days, the DPR leaders shall deliver the bill, which is passed by the DPR, to the President for its enactment into law.

If within the period of 15 working days, the bill submitted by the DPR to the President has not yet been enacted, the DPR leaders shall send a letter to the President asking for an explanation thereof.

In case of being not enacted within the period of 30 days, the bill shall come into effect to be a valid law.

Legislative Process

X. PROCESS OF DELIBERATION OF THE GOVERNMENT BILL

A bill proposed by the Government together with its explanatory notes/information and/or its academic draft shall be submitted in writing to the DPR leaders with an introductory letter from the President. The introductory letter shall also state a minister assigned to represent the Government in the discussion of the bill.

Having received the bill initiated by the Government, the DPR leaders shall announce it at the following plenary session and then the copies of the bill shall be circulated to all members. The bill related to the DPD shall be sent to the DPD leaders.

The institute initiating the bill shall distribute it to all parties concerned and shall then be discussed in two stages of deliberation in the DPR together with the Minister representing the President.

 
XI. PROCESS OF DELIBERATION OF THE BILL OF THE REGIONAL REPRESENTATIVE COUNCIL

A bill proposed by DPD together with its explanatory notes/information and/or its academic draft shall be submitted in writing to the DPR leaders with an introductory letter from the DPD leaders.

Having received the bill initiated by the DPD, the DPR leaders shall announce it at the following plenary session and then the copies of the bill shall be circulated to all members. Having announced the bill, the DPR leaders shall send a letter to the DPD leaders informing the date of the announcement.

The Steering Commission shall assign either a Standing Commission or the Legislation Council to discuss the bill and determine the schedule of its deliberation. Within the period of 30 days, The Commission or the Legislation Council shall invite members of the complementary organs of DPD at most 1/3 number of members of the DPR complementary organ concerned to discuss the bill. The results of the deliberation shall be reported to the plenary meeting.

The DPR leaders shall submit the bill that has been discussed to the President and ask the President to assign a Minister representing the Government to discuss the aforesaid bill together with the DPR as well as ask the DPD leaders to jointly discuss the bill.

Within the period of 60 days after receiving the bill from the DPR, the President shall have assigned the Minister to discuss the bill together with the DPR. There are two stages of deliberation of the bill in the DPR.

 
XII. PROCESS OF DELIBERATION OF THE DPR BILL

Initiative bill initiated by at least 17 members of parliament or a standing commission or joint standing commission or Legislation Council

The bill, the list names and the signatures as well as the factions of the proponents shall be submitted to the DPR leaders

At the plenary session, the Chairperson shall inform and circulate the initiative bill to all members of DPR

DPR leaders submit the initiative bill to the President and ask the President to assign a Minister representing the President to discuss the bill. The DPR leaders shall also submit the bill, if the bill is also within the scope of the tasks of DPD

Approved with amendment, DPR shall assign a standing commission, Legislation Council or Special Commission to complete the initiative bill

Approved without amendment

The bill shall be discussed in two stages of deliberation: first and second readings

In the Plenary Meeting, DPR shall decide whether the bill may principally be accepted as a DPR initiative bill or not, having given the opportunity to all factions to give their considerations on the bill

STAGES OF DELIBERATION OF A BILL IN THE DPR

SECOND READING

At the plenary session, the main agenda is to make decision. Before making decision, it shall be preceded by:

Report on the result of the deliberation at the first reading;

Expressing final views of each faction; and if necessary, the faction may give a written note; and

Expressing the final views of the President submitted by the Minister concerned

FIRST READING

Deliberation shall be carried out in the Standing Commission, Legislation Council, Budget Commission, or Special Commission with the agenda as follows:

a. Views and opinions

- Government bill: factions expressing views and opinions; or factions and DPD together expressing views and opinions, if the bill is in the framework of the DPD tasks

- DPR bill: President expressing opinions; or President and DPD expressing views and opinions, if the bill is in the framework of the DPD tasks

b. Response

- Government bill: President expressing response

- DPR bill: response of the complementary organ assigned to the discuss the bill

c. Deliberation of the bill by DPR and President shall be based on Inventory

List of Matters

XIII. PROCEDURES OF MAKING DECISIONS

Basically, at the DPR meetings, the decision-making which is carried out in the deliberation is to reach a consensus. Otherwise, if it is seemingly impossible, the decision shall be taken on the majority basis.

The decision can only be made, if the meeting is attended by at least more than half of the number of members, which is then called quorum. If the quorum is still not present, the meeting shall be adjourned at most twice in a period of 24 hours. Whenever, the meeting is cancelled twice, the quorum is still not present, the matter shall be submitted to the Steering Commission if it appears at the meeting of the complementary organ and shall be submitted to the leaders of the Steering Commission by taking into account the opinions of the leaders of each faction, if it appears at the meeting of the Steering Commission.

 
A. Decision made by consensus

A decision made by consensus may be carried out, if the meeting considers that the opinions and suggestions expressed by the members of the meeting can be accepted as contributions to solve the problem being deliberated. The decision shall be valid if the quorum is present and all members attending the meeting approve it.

 
B. Decision made by majority votes

Decision made by majority votes is taken if the deliberation is failed because the different opinions cannot be compromised. Such decision making is made openly if it concerns policies and made secretly if concerns person or other matters when feels necessary. Vote is made by handwriting without mentioning name, signature, faction and other signs that can reveal the secrecy. The vote can also made by other way that secure the secrecy.

The decision based on majority votes is permissible if the meeting attendants have reached the quorum and agreed by more than half of the present Members in that meeting.

 
XIV. PEOPLE’S ASPIRATION AND COMPLAINTS

The DPR accommodates and follows up the aspirations and complaints of the people on matters within the tasks and authority of the DPR. Besides through public hearing, the DPR also receives the views of the citizens through visits and letters.

The citizens who come directly to the DPR for the purpose above will be received by the Secretariat General and will be channelled to the proper DPR organs and/or to Factions. The DPR organs will see the matter appropriately according to their tasks, while the Faction may take measures according to their own policies.
 

XV. SECRETARIAT GENERAL OF THE DPR-RI

The Secretariat General of the DPR is a supporting system to the DPR, it has the status as the secretariat of state bodies led by a Secretary General who in day to day tasks is responsible to the Leadership of the DPR.

The Secretary General is assisted by one Vice Secretary General and a number of Deputies who are elected and dismissed by the President upon the proposal of the Leadership of the DPR.

The DPR under the coordination of the Secretariat General may hire a number of experts/advisers as needed to assist the smoothness of the tasks and functions of the DPR. To help the implementation of the tasks of the DPR organs, the Secretariat may also establish expertise teams. The experts and advisers who are invited by the Leadership of DPR or DPR Organs to a meeting may have the right to speak in a meeting if allowed by the Chair of the meeting.

The structure and organizations of the Secretariat General is set up by a Presidential Decision.

The tasks of the Secretariat General are among other: to give technical supports, administration and expertise to the DPR; to implement the policy on household of the DPR as decided by the Leadership of the DPR, including the welfare of the Members and the Secretariat’s employees; to assist the Leadership of the DPR in preparing the outline of the DPR budget; to supply data and information to the Household Committee; to implement other tasks as assigned by the Leadership of the DPR; and to report in writing to the Leadership of the DPR in the beginning of the Sitting Calendar and supply a copy to the Steering and Household Committees.

The Secretary General upon the agreement of the DPR Leadership may become a member of international organization and should submit a written report on his/her activities on that organization to the Leadership of the DPR.