ID :
84336
Tue, 10/13/2009 - 11:35
Auther :

MPR EXPLORING LEGISLATIVE COOPERATION WITH NETHERLANDS

Jakarta, Oct 12 (ANTARA) - The People's Consultative Assembly (MPR) leadership intends to explore the possibility of cooperating with the Netherlands in the field of legislative product research, especially on the compatibility of existing laws with the Constitution, a spokesman said.

The statement was made by MPR Vice Chairman Hajriyanto Tohari who accompanied MPR Chairman Taufiq Kiemas at a meeting with Dutch Ambassador to Indonesia Nikolaus Van Dam at the MPR building here Monday.

"We want to explore this possibility because as has often happened so far, many bills, after being passed into law by parliament, are eventually disputed or rejected, and referred to the Constitutional Court (MK) for judicial review on the ground they are against the Constitution," Hajriyanto said.

Meanwhile, he said, the Constitutional Court (MK) was merely y playing a passive role and reviewing a law only after members of the public had filed a complaint.

Therefore, there was a need for studies of the legislative products turned out by the House of Representatives (DPR) that had the potential of being subjected to material reviews by the Constitutional Court.

The MPR itself had a limited capability to ensure the constitutional correctness of laws, but had the authority to cooperate with other or even foreign parties like the Netherlands to make up for its shortcoming, Hajriyanto said.

Meanwhile, Taufiq Kiemas said many Indonesian laws were drawn up using legislative products made by the erstwhile colonial Dutch regime as reference.

"Even ordinances for the historic preparations for Indonesian independence were issued with reference to Dutch-made laws," Taufik said.

Although the results of the studies conducted in cooperation with the Netherlands would not be binding, they could at least be presented as comparative materials to the president, the Constitutional Court and other supreme state institutions, he said.

Dutch Ambassador Nikolaus Van Dam said, actually Indonesia-Dutch cooperation in the field of legal studies was not something new. It was ever done in the past, namely between the House of Representatives' Legislative Body (Baleg) and the Dutch parliament.

"So the possibility for bilateral cooperation in studies on legislative products is now open," he said.

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