the MPR is not the highest state organ any more, but one of the high state organs,
along with other state organs.
Article 20 A, a new provision of the 1945 constitution, states that the DPR has the
following functions and rights: making laws, examining state budgets, checking
administration activities and interpellating (hak interpelasi) and investigating gov-
ernment affairs (hak angket). In addition, DPR members have the rights to submit
questions, deliver proposals, express opinions and present views with immunity
(hak imunitas).
Three new institutions: the House of Regional Representatives, the Judicial
Commission and the Constitutional CourtFollowing the 1999 – 2002 amendements to the 1945 constitution, there are three
new institutions created to support Indonesian democracy. First, the establishment
of the House of Regional Representatives (Dewan Perwakilan Daerah – DPD) is
regulated in Article 22 C and 22 D. With this provision, regional representatives are
directly elected in each province, forming an independent legislative assembly.
The DPD has the authority to discuss, supervise and submit laws on regional
autonomy or central–local relations. In addition, the DPD possesses the right to
submit considerations to the DPR on the state budget and to draft laws relating to
tax, education and religion. The members of the DPD may not exceed one-third of
the numbers of the DPR.
The DPD was created with one main expectation: to provide a new kind of
regional representation to enter into national-level decision-making in order to
allow the voice of the regions to be heard in the making of laws and the oversight of
central executive government. However, the structural features built into the DPD
make it very difficult for the assembly to have its voice heard in lawmaking,
oversight and accountability of government and the provision of both popular
and regional representation. The major concern is that the DPD does not pass
legislation. Despite the fact that it has strong legitimacy that comes from being a
fully elected chamber, it can only introduce or give advice on a certain range of
bills in the DPR.
Stephen Sherlock of the Australian National University correctly points out that
the DPD could be seen as only an advisory body since the DPR is under no
obligation to pass or even to consider seriously laws drafted by the DPD, or to
accept its advice.
9
The DPD is not a true ‘upper house’ because its limited powers
mean that it merely complements, rather than supplements, the DPR. As a matter
(^9) Stephen Sherlock, ‘Indonesia’s Regional Representative Assembly: Democracy, Represen-
tation and the Regions: A Report on the Dewan Perwakilan Daerah (DPD)’, CDI Policy
Papers on Political Governance 2006 / 1 , available atwww.cdi.anu.edu.au/_research/ 2005 -
06 /DP/ 2006 05 PPS 1 _SS.pdf.