| Parliament name (generic / translated) |
Dewan Perwakilan Rakyat / House of Representatives |
| Structure of parliament |
Unicameral |
|
POLITICAL SYSTEM
|
| Type of political regime |
presidential |
| Notes |
The President of the Republic is both the Head of State and the Head of the executive. |
| Head of the executive |
President of the Republic |
| Notes |
The President, as Head of the executive, is assisted by state ministers (Article 17 of the Constitution). |
| Method for appointing the executive |
The President and Vice-President are elected as a single ticket directly by the people (Article 6 A of the Constitution). Any ticket of candidates which polls more than 50 percent of the total number of votes during the general election and in addition polls at least 20 percent of the votes in more than half of the total number of provinces is declared elected as President and Vice-President. The President and Vice-President are inaugurated by the Parliament. The other members of the government are appointed and dismissed by the President. |
| Term of office of the executive and coincidence with the term of the legislature |
The President and Vice-President hold office for a term of five years and may subsequently be re-elected to the same office for one further term only (Article 7 of the Constitution). Their terms coincide with the term of the legislature. |
| Incompatibility of the functions of member of the executive and member of Parliament |
Yes |
After a parliamentarian is designated to become a member of the government, he or she relinquishes his or her position immediately, and is replaced by a substitute member. |
| Dissolution of Parliament |
No |
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The President may not freeze and/or dissolve the parliament (Article 7 C of the Constitution). But in extraordinary situations, such as in 1998, the parliament was dissolved, as there was a political decision to expedite general elections to the parliament in order to elect a new President. |
|
|
Not applicable |
|
ACCOUNTABILITY
|
| Accountability of Government to Parliament |
Yes |
The government is accountable to the parliament, which holds legislative, budgeting and oversight functions (Article 20A of the Constitution). Each state minister is responsible for a particular area of government activity, but this accountability can only be brought into play collectively. |
| Modalities of oversight |
- Oral and written questions of parliamentarians
|
The government's accountability to the parliament is brought into play by putting questions to ministers. |
- Government reports to Parliament
|
The government's accountability to the parliament is brought into play by annual reports (and votes thereon). |
| Measures |
- Vote of confidence on Government programs and/or legislative proposals
|
Not applicable |
| Motions of censure and votes of no confidence (sub-report) |
|
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A motion of censure may be tabled as a result of disapproval of an action taken by the government, of a breach of the Constitution or laws, or of a breach of state guidelines. |
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A decision on a motion can be taken by consensus. If this is impossible, the decision is made by a majority of the votes. In such a meeting, at least half the parliamentarians representing at least half the factions with more than 10 members must attend. |
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A motion of censure made by Parliament could lead to a special session or extraordinary meeting of both Houses to request the accountability of the Head of the executive. Between 1990 and 2000, two motions of censure were tabled and adopted. |
| Dismissal and/or impeachment of Government and other public officials (sub-report) |
- Circumstances and persons concerned
|
The President and/or the Vice-President may be dismissed from his/her position on the proposal of the House of representatives, if it is proven that he/she has violated the law in the form of betraying the state, corruption, bribery, other criminal acts, or disgraceful behaviour, or if it is proven that he/she no longer meets the requirements as President and/or Vice-President (Article 7 A of the Constitution). |
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Any proposal for dismissal may be submitted only by first submitting a request to the Constitutional Court to investigate, bring to trial, and issue a decision on the opinion of the parliament, either that the President and/or Vice-President has violated the law through an act of treason, corruption, bribery, or other act of a grave criminal nature, or through moral turpitude, and/or that they no longer meet the qualifications to serve. The submission of the parliament's request to the Constitutional Court may only be made with the support of at least two thirds of the total members of the parliament, who are present in a plenary session that is attended by at least two thirds of the total membership.
The Constitutional Court has the obligation to investigate, bring to trial, and reach the most just decision on the opinion of the parliament at the latest 90 days after the initial request was received. If the court decides that either one is proved to have violated the law; and/or is proved no longer to meet the qualifications to serve, the parliament holds a plenary session to submit the proposal to impeach the President and/or Vice-President. |
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The decision over the proposal to impeach the President and/or Vice-President is taken during a plenary session which is attended by at least three quarters of the total membership, and requires the approval of at least two thirds of the total of members present, after the President and/or Vice-President have been given the opportunity to present his/her explanation to the plenary session. |
- Have these procedures been applied?
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OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION
|
| Oversight over the actions of the Government administration |
Yes |
The government is accountable to the parliament, which holds legislative, budgeting and oversight functions (Article 20 A of the Constitution). |
| Means and modalities of oversight |
|
|
The parliament exercises oversight over the actions of the government administration by holding hearings in committees. |
- Committees of inquiry and missions to Government departments
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The parliament exercises oversight over the actions of the government administration through committees of inquiry, fact-finding teams, special committees, and through missions to government departments. |
- Oral and written questions of parliamentarians
|
The parliament exercises oversight over the actions of the administration through oral and written questions. Members of the parliament may pose questions individually or jointly. Questions to the President must be in writing, be composed briefly and clearly, and be submitted to the Speaker. The latter passes the question to the President with a request that an answer be given within the soonest possible time, and distributes copies to the other parliamentarians. For written replies from the President, no discussions can be held thereon. For oral replies, at the meeting determined therefore by the steering committee, the questioner may ask a short supplementary question so that the President will be able to give a clear explanation of the matter being raised. In special cases, such as questions relating to human rights, social welfare or the state budget, questions can give rise to a debate. |
- Role of Parliament in the appointment of senior Government officials
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When appointing ambassadors, the President is obliged to take into account the consideration of the parliament. |
- Activity reports of the Government administration and of public services or establishments
|
Not applicable |
- Representation of Parliament in governing bodies of the Government administration
|
Not applicable |
| Existence of an ombudsman |
Yes |
|
- Method for appointing the executive
|
The President appointed the first National Ombudsman Commission in 2000. The members are elected among experts and public figures that are deemed capable of performing the duty and tasks of the commission. |
- Relationship to Parliament
|
The National Ombudsman Commission has the function to (i) combat corruption, collusion and nepotism through the participation of the people; (ii) improve the protection of public rights, in order to achieve better public services, justice and prosperity; (iii) coordinate and cooperate with governmental and other institutions; and (iv) take follow-up action after receiving reports or information on any violation committed by officials in the performance of their duties. There is no direct relation between the parliament and the National Ombudsman Commission. |
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BUDGETARY OVERSIGHT
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| Consultation of Parliament in the preparation of the national budget
|
Yes |
Preliminary discussions on the preparation of the bill on the state budget by committees with the government are held at the working meeting at the first legislative meeting of the annual session. The results of these discussions are reported to the plenary meeting. |
| Modalities of oversight |
- Examination of the budget / finance act by Parliament
|
The state budget is determined annually by law (Article 23 of the Constitution). The bill on the state budget is put before the parliament by the President. The parliament exercises budgetary oversight by holding a meeting with the government in the third quarter of the fiscal year. |
- Reports on the budget / finance act by Committees
|
The budget committee must discuss the bill after the introduction speech by the President on the first seven days at the beginning of each calendar year, and forward the results of such discussions in the form of concepts to the plenary meeting before the speeches of the sub-committees. The working meeting for the finalisation of the bill on the state budget is to be held by the budget committee with the government, having due regard for the general views of the parliamentary factions, the government's reply, and the suggestions and opinions of the steering committee and other committees. |
| Fields overseen |
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The parliament exercises oversight over the national defence budget through the sub-committee for defence and security. |
- Budget of special departments
|
Not applicable |
- Role of Parliament in national development plans
|
Through the national development planning agency, the government always discusses the preparation and implementation of national development plans with the committee for finance, banking and development planning. |
| Parliament's deadline for the examination and adoption of the budget / finance act |
The deliberation on the state budget bill and the finance notes thereon have to be completed no later than one month before the commencement of the current fiscal year. The parliament's deadline for the adoption of the finance act is thus 1 January. |
| Consequences of failure by Parliament to adopt the budget / finance act |
In the event that the parliament fails to approve the proposed bill on the state budget, the government implements the state budget from the preceding year. |
| Budgetary autonomy of Parliament |
No |
Not applicable |
|
OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING
|
| Evaluation of Government spending |
| Parliament approves Government expenditures annually |
Yes |
The government accounts for its spending by submitting reports to the parliament. The state finance audit results are discussed in the budget committee and submitted to the plenary session. |
| Parliamentary oversight of public companies |
No |
Not applicable |
| Modalities of oversight |
- Body for auditing the Government's books and method for appointing
|
To investigate the management and accountability of state finances, there is a single supreme auditing body, the supreme audit board, which is free and independent (Article 23 E of the Constitution). The members of the audit board are chosen by the parliament and are formally appointed by the President. |
- Reports of the public auditor's office
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The results of any investigation of state finances are submitted to the parliament. Action following the result of any such investigation is taken by representative institutions and/or bodies according to law. The audit board submits a report to the parliament twice a year. |
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The budget committee discusses the governmental half-yearly reports to the parliament no later than one month after the end of the first half of the current fiscal year. |
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OVERSIGHT OVER FOREIGN POLICY
|
| Foreign Relations Committee (sub-report) |
- Functions of the Committee
|
Not available |
|
|
Not available |
- Composition of the Committee
|
Not available |
- Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
|
The parliament exercises oversight over foreign policy through bilateral visits, participation in inter-parliamentary conferences and information missions abroad. |
- Plenary debates on foreign policy issues
|
Not applicable |
| Involvement of Parliament |
- Participation of Parliament in inter-governmental meetings
|
The parliament can send parliamentary delegations to intergovernmental meetings, but only at the prior request of the government. |
- Modalities and procedures for ratifying international treaties and agreements (sub-report)
|
In order to conclude international agreements that will produce an extensive and fundamental impact on the lives of the people, or which are linked to the state financial burden, or that will require an amendment to or the enactment of a law, the President must obtain the approval of the parliament (Article 11 of the Constitution). A treaty or international agreement is not considered ratified until the approval of the parliament has been obtained. |
- Other mechanisms for participation in foreign policy by Parliament
|
In addition to the above, the parliament plays a role in the appointment and reception of ambassadors by the President. |
|
OVERSIGHT OVER NATIONAL DEFENCE POLICY
|
| National Defence Committee (sub-report) |
- Functions of the Committee
|
The parliament exercises oversight over defence policy through the sub-committee for defence and security. |
|
|
The sub-committee has the functions to (i) hold working meetings and hearings with the Ministry of Defence and the national police; (ii) hold discussions on current and important national defence and security issues; and (iii) supervise the national defence and security budget. |
- Composition of the Committee
|
Not available |
| Parliamentary oversight of public arms manufacturing companies |
Not available |
| Circumstances and involvement |
- Modalities and procedures in case of war, an armed attack or a state of emergency
|
In agreement with the parliament, the President declares war, makes peace and concludes treaties with other States (Article 11 of the Constitution). The President also declares a state of emergency. |
- Role of Parliament in sending troops abroad
|
Not available |
- Other mechanisms for participation in national defence policy by Parliament
|
There are no other parliamentary oversight mechanisms in addition to the above. |
|
STATE OF EMERGENCY
|
| Circumstances |
The President declares a state of emergency. In agreement with the parliament, he or she also declares war and makes peace. The President may declare, prolong or lift a state of emergency, but only after parliamentary approval has been obtained. |
| Can parliament take the initiative to declare a state of emergency |
No |
|
| Consequences of a state of emergency for Parliament |
If the state of emergency leads to a general election, the parliament may be dissolved. |
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VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS
|
| Modalities of oversight |
- Body ruling on the constitutionality of laws
|
A specialised body / constitutional Court |
The Constitutional Court is composed of nine constitutional Judges, who are confirmed in office by the President, and of which three are nominated by the Supreme Court, three by the parliament, and three by the President (Article 24 C of the Constitution). |
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The Constitutional Court possesses the authority to try a case and has the final power of decision in reviewing laws against the Constitution, determining disputes over the authority of state institutions whose powers are laid down by the Constitution, deciding the dissolution of a political party, and deciding disputes on the result of a general election. |
| Evaluation of laws |
Yes |
The House of Representatives is the body responsible for evaluating laws. To carry out its tasks, the House may (i) arrange coordination and consultations with the government or other parties as deemed necessary, on matters within its terms of reference through the Speaker; (ii) make recommendations to the steering committees and other relevant committees on the preparation of programmes and order of priority of deliberation on bills for a parliamentary term of office and each annual session; and (iii) make recommendations to the steering committees and other relevant committees based on the monitoring results of the implementation of laws. |
| Measures |
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Compare data for parliamentary chambers in the Oversight module
