Page 171 - BUKU A CENTURY OF PARLIAMENTARY LIFE IN INDONESIA
P. 171

A CENTURY OF PARLIAMENTARY LIFE
           IN INDONESIA





                                      the Presidential Decree of the Republic of Indonesia Number 1 of 1959
                                      concerning the House of Representatives was a Presidential Regulation
                                      prior to the existence of MPR-DPR and in concreto in the context of the
                                      Presidential Decree implementation.


                                      In this context, the use of presidential decree as a juridical form in es-
                                      tablishing the 1959 House of Representatives was actually a new form of
                                      regulation. The President’s letter addressed to the DPR in August 1959
                                      explained that since the re-enactment of the 1945 Constitution, there had
                                      been new forms of state regulations, namely (1) Presidential Decrees to
                                      implement the Presidential Decree of 5 July 1959; (2) Presidential Regula-
                                      tions; (3) Government Regulations to implement the Presidential Regu-
                                                           lations;  (4)  Presidential  Decrees;  (5)  Ministerial
                                                           Regulations and Ministerial Decrees.


                                                           Later on, these presidential decrees had an im-
           The leadership of the                           portant role in determining the constitutional life

           DPR after the 1959                              of  the  Republic  of  Indonesia  and  the  existence
                                                           of  the  DPR.  However,  in  the  first  opening  ple-
           Presidential Decree was                         nary session of the DPR after being “reformed”

           still filled by the same                        through  the  Presidential  Decree  No.  1  of  1959,

           people as that of the                           all factions generally supported the Presidential
                                                           Decree and accepted the President’s request to
           previous DPR.                                   continue  working  within  the  framework  of  the

                                                           1945 Constitution.

                                                           In the session which was attended by 183 mem-
                                                           bers, each faction had the opportunity to speak
                                      by being represented by a member of their faction. The next day, the
                                      “new” DPR members based on the 1945 Constitution were sworn in. The
                                      leadership of the DPR after the 1959 Presidential Decree was still filled by
                                      the same people as that of the previous DPR.


                                      The election for the leadership of the DPR did not end up following the
                                      previous DPR Rules of Procedure considering that they were new parlia-
                                      mentary leaders. The composition of the faction consisted of 18 factions
                                      and there were four members who declared no faction. The existence of
                                      factions in the DPR, in terms of terminology, still followed the term “fac-
                                      tion” which had been known since the Provisional DPR period in 1950,
                                      as stated in Article 28 paragraph (3) and paragraph (5) of the Provisional
                                      DPR (DPRS) Rules of Procedure. In fact, if the DPRS Rules of Procedure
                                      only explained what was meant by a faction, in the regulations of the 1959




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