The House of Regional Representative (DPD) reminded the House of Representative (DPR) and the President to carry out the mandate of Law Number 27 Year 2009 (UU MD3) on the People’s Consultative Assembly (MPR), the House of Representative (DPR), the House of Regional Representative (DPD), and the Regional of Representative (DPRD). The Act of MD3 mandated that prior to the opening yearly session of DPR and DPD; the President delivered a state address in joint session between members of DPR and senators of DPD which were arranged alternately.

Usually, DPD held the Special Plenary Session on August 23^rd which was attended by Governors, Regents, Mayors and Chairman of the Regional Representative (DPRD) over Indonesia to hear the President’s speech on Regional Development. Previously, on August 16, DPR held a Plenary Session of Parliament to hear the President’s speech and Financial Memorandum.

Welcoming the August 16, the Deliberation Committee of DPD held a meeting at the 8th floor of Nusantara III Building Parliament Complex, Senayan, Jakarta, Thursday (15 / 7), which discussed various preparation and problems anticipation since this was a new event, both for the DPR and DPD. Meeting produced Working Team of Joint Session Preparation of DPR and DPD, which is headed by I Wayan Sudirta (senator of DPD from Bali) and its permanent members i.e. Wahidin Ismail (West Papua), Dani Anwar (DKI Jakarta), John Pieris (Maluku), Bambang Susilo (East Kalimantan), and Muhammad Syukur (Jambi).

Its members that are not permanent namely chairmen of Committee I DPD, Committee II DPD, Committee III DPD, and Committee IV DPD as  DPD organs who related with political development and community issues.  This Working Team had the task to analyze the legal aspects, prepared the materials of institutional politics of DPD to hold the joint session between the members of DPR and senators of DPD, supervised the public political rhythm and mass media in order to develop its continued policies, and did the supervision on technical preparation which undertaken by the Secretariat General of DPD.

“DPD prepared itself, because this joint session is just one of benchmarking the relationship working mechanism of the DPR and DPD, as stipulated in Law of MD3. So, this event is one measure for us to build a good parliamentary system for the interests of the people and country,” said Wayan to the journalists at the Pressroom of DPD Parliament Complex, Senayan, Jakarta, Thursday (22 / 7). According to him, now is the time for Law of MD3 to be tested with the working mechanism between the DPR and DPD, in order to produce legislation products which are quality and also to improve parliamentary performance.

As a continuation of the meeting, the Chairman of DPD Irman Gusman wrote to the President that copies be forwarded to the chairman of DPR on July 20^th, 2010 and wrote to the chairman of DPR that copies be forwarded to the President dated March 25^th, 2010 and July 20^th, 2010. Through the letter, Chairman of DPD told to the President and chairman of DPR about the plan. “If the joint session was not implemented, then the members of the DPR and senators of DPD will be potentially violated the Law of MD3 that its impact could cause political resistance and social-political unrest,” thus the partial contents of letter sent by the Chairman of DPD.

Wayan added, “The DPD will work hard to implement the Law of MD3. DPD hopes that there are political commitment from DPR and the President in order that they can consistently implement their obligations under the Law. DPD is trying hard to keep the parliamentary institutions becoming more trusted by society. If the joint session between DPR and DPD are not implemented, DPD hopes that public will not blamed DPD as the sound of Article 268 and Article 199, so that the potential for allegations of Law violations will not only addressed to the DPD but also DPR and eventually related to the President. Therefore, DPD tries to cover any possible accusation that does not happen.”

Dani said, chairman of DPR and chairman of DPD had held the meeting. “But result of the meeting was that DPR refused to do joint session with DPD. Their reasons, which we think is very unreasonable, regulation to convene joint session has not been completed. In fact, position of Law of MD3 is higher than the regulation of DPR. And, actually, DPR could compile the guidelines under the regulation in order to implement the joint session.”

“Three times of consultation meeting but there has been no final result how the joint session will be implemented. Its Law already exists but until August 16^th, there is no agreement. Hopefully there is a way out and the joint session can be realized, “said Wayan.

What its legal consequences? Dani stated, “If DPR does not want to do joint session with the senators of DPD, then members of DPR, senators of DPD, and the President have the potential to be accused in violating the Law of MD3. The problem is that DPR does not want to hold a joint session since they want to hear the state speech that is routinely performed annually on August 16^th. They want to stay like before, where DPD merely invitation. In fact, the content of the Law of MD3 emphasizes that session conducted jointly between DPR and DPD alternately. Chairman of the session was agreed, namely the chairman of DPR. If this happens then it will lead to constitutional polemic.

“DPD sure, consideration of DPD will becoming a thinking of the President and DPR to find a way out, so that the Law of MD3 is not violated,” said Wayan. “Because this Law made by DPR and Government so that they should be in the front line to implement it and DPD will follow. There is no reason to violate it. Therefore, DPR and the president do not step out of the rules that obviously explicit in this Law. If it is to daydream, DPD prepares the Working Team in order that DPD not deemed to violate this Law. DPD will still run this program, if DPR is not ready yet after this appeal is maximum performed.

Dani asserted, “If DPR is not ready, DPD will still run this program. We will give the invitation to DPR and the President. So that is the anticipation. We sent letters twice, but until now it has not been responded by DPR. The joint session was not a matter of prestige but, more importantly, this joint session commanded by the Law. Anyone should implement the Law. ”

“It means,” Wayan said, “If DPR is not ready because of other reason, let us organize it. So that we are not deemed in violate the Law. “If the joint session between members of DPR and senators of DPD can be implemented then the event was only a continuation of the conventions that have been practiced by DPD. ”It is very fair if the convention continues to be constructed or being build, considering the process of democratization is ongoing in our country. Moreover, for this event the Law has been very clear in giving orders.”

Article 199 paragraph (5) and Article 268 paragraph (5) states, before the opening of the yearly session, members of DPR and senators of DPD listened to state address by the President in joint session held by DPR or DPD alternately. “So, the President delivered a state address in joint session between members of DPR and senators of DPD,” said Wayan. According to Dani, “Article 199 and Article 268 are articles which automatically apply after the Law passed, so it is not including transitional article.

In implementing those articles, DPD prepared the guidelines for the implementation of joint session which its systematic, among other things, leadership of joint session is a leadership of DPR and DPD while its chairman is chairman of DPR; and the agenda of the session include the state address, national policies, regional development policies and financial memorandum. DPD, Wayan continued, supports the DPR steps to finalize a variety of formats related to the working mechanism between DPR and the DPD in accordance with the contents of the letter of chairman of DPD to the leadership of DPR.

Dani reminded that the current period of session ends on July 30^th, 2010. “After recess, we directly listen to the speech state. So, we just have eight days. We hoped, since today until the closing of period of session there have been the meeting point between the leadership of DPR and chairman of DPD, so that polemic will not appear when the implementation of joint session. “

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