Gus Dur has 'no basis' to dissolve House<\/p>\n
JAKARTA (JP): President Abdurrahman Wahid does not have a
\nstrong constitutional basis to issue a decree to dissolve the
\nHouse of Representatives and People's Consultative Assembly, a
\ncabinet minister said on Tuesday.<\/p>\n
Minister of Justice and Human Rights Yusril Ihza Mahendra, who
\nis a Constitutional Law expert, said the current security
\nsituation in the country cannot be used as constitutional grounds
\nfor the President to issue such a decree.<\/p>\n
\"There are no fundamental grounds and no state of civil
\nemergency in the country; so constitutionally the President
\ncannot issue such a decree,\" Yusril told journalists, adding that
\nissuing such a document would be unconstitutional.<\/p>\n
Yusril stressed that the country has had only one such example
\nof a presidential decree, issued on July 5, 1959 when former
\npresident Sukarno dissolved the then parliament called the
\nConstitutional Body, whose main job was to draft the country's
\nconstitution. At that time, the country was not in a state of
\ncivil emergency, yet, the issuance of the decree could be
\nconsidered legal and constitutional because Sukarno was able to
\ndefend his decision, Yusril said.<\/p>\n
\"If Gus Dur issues such a decree without any security reasons
\nbut can defend himself this could be considered legal. But if he
\nfails to do so then the issuance could be considered as a
\n'coup',\" Yusril remarked, referring to Abdurrahman by his
\nnickname.<\/p>\n
The minister was commenting on Abdurrahman's off-the-record
\nstatement in front of several chief editors of local newspapers
\nand news agencies on Saturday during a post-fasting gathering at
\nBogor presidential palace.<\/p>\n
The President's statement came amid heated tension between
\nhimself and the House due to the investigation of his alleged
\ninvolvement in two financial scandals.<\/p>\n
However, due to a technical misunderstanding on the part of
\nAntara news agency, the statement came out in public and created
\ndebates over his intention to dissolve the House.<\/p>\n
Separately, the House of Representatives Speaker Akbar
\nTandjung refused to comment on Abdurrahman statement about
\ndissolving the House, saying that the truth of the statement
\nshould be verified first.<\/p>\n
He further said that so far the House has never violated the
\nconstitution in performing their duty so there is no reason at
\nall for the President to dissolve the House or the People's
\nConsultative Assembly.<\/p>\n
Constitutional Law expert Jimly Asshidiqie dismissed such a
\npossibility saying that the President has an equal position as
\nthe House, so according to 1945 Constitution both state agencies
\ncannot topple each other.<\/p>\n
Jimly stressed, as reported by Satunet.com that Abdurrahman
\nshould not even consider issuing a presidential decree on the
\nHouse dissolution. (dja)<\/p>",
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