Change of president<\/p>\n
From Merdeka<\/p>\n
H.M. Soeharto finally stepped down from his presidential post
\non May 21, following weeks of student demonstrations demanding
\nreform in all fields -- economy, politics, law and social and
\ncultural affairs, as well as Soeharto's resignation as president
\nof the republic.<\/p>\n
Then, based on article 8 of the 1945 Constitution, Soeharto
\ntransferred his post to Prof. Dr. B.J. Habibie. This transfer of
\nthe presidential post is, to my mind, not correct because article
\n8 says: \"If the president passes away, quits or is unable to
\nperform his\/her responsibility during the term of office, the
\npresident shall be replaced by the vice president until the term
\nof office comes to an end.\"<\/p>\n
This suggests that the vice president continues the governance
\ntogether with the same cabinet instead of taking over the
\npresident's job. However, the cabinet can be reshuffled if any of
\nits members is viewed incapable or unsuitable, but no new cabinet
\ncan be formed.<\/p>\n
A presidential election should be based on article 6 of the
\nConstitution which says: 1. The President must be an indigenous
\nIndonesian national; 2. The President and the Vice President are
\nelected by the People's Consultative Assembly (MPR) through
\nmajority of votes.<\/p>\n
Based on this stipulation of the Constitution, I am of the
\nopinion that the President must be elected through a general
\nsession of the MPR.<\/p>\n
To avoid misunderstanding and misinterpretation of the
\narticles concerned, I hope law and political scholars can give
\nexplanations. My generation is not familiar with this case. If
\nthe wrong implementation of the Constitution is justified, it
\nwill be a precedent for future generations.<\/p>\n
H. DADI HERYADI<\/p>\n
Depok, West Java<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/change-of-president-1447893297", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }