More opposition to decree on preemptive powers<\/p>\n
JAKARTA (JP): Two more scholars jumped on the bandwagon of
\nthose opposing the recent motion to reintroduce a People's
\nConsultative Assembly (MPR) decree that would give the president
\npreemptive powers against subversive activities.<\/p>\n
Dimyati Hartono of Diponegoro University's Law School in
\nSemarang and Maswadi Rauf of the University of Indonesia's School
\nof Social and Political Sciences separately said that a
\nreintroduction of the decree was not only unnecessary but a
\nsetback for democratization.<\/p>\n
Another observer, Marzuki Darusman of the National Commission
\non Human Rights, however, called out against being trapped by the
\ncontroversy over the issue. He urged the public to instead think
\nof ways to improve their bargaining position in their struggle
\nfor democracy.<\/p>\n
\"It would be better for them to bargain with the government so
\nthe reintroduction of the decree would not neglect the already
\naccepted principles of democracy,\" Marzuki said in a separate
\ninterview on Saturday.<\/p>\n
Dimyati disagreed. \"It (the decree) would be a setback and
\ndoes not agree with the world's trend toward democracy which
\ngives people a greater role instead,\" Dimyati was quoted by
\nAntara as saying on Saturday.<\/p>\n
He expressed concern that once the decree was reintroduced
\ninto the Broad Guidelines of State Policies, it would not be easy
\nto drop later on. What Indonesia needs right now, instead, is a
\nbetter implementation of the 1945 Constitution, he argued.<\/p>\n
He pointed out that the Indonesian political system was based
\non democracy rather than on a centralization of power. The idea
\nto reintroduce the decree should be reconsidered, he said.<\/p>\n
The decree granted a president the authority to take
\npreemptive measures against security disturbances and subversive
\nactivities. It was adopted as part of Indonesia's Broad
\nGuidelines of State Policies in 1988, but was later dropped from
\nthe guidelines in 1993.<\/p>\n
The ruling Golkar faction, the United Development Party and
\nthe Indonesian Democratic Party decided recently to include the
\nsubstance of the 1988 decree in their drafts of the 1998
\nguidelines.<\/p>\n
The motion then invited controversy and some observers have
\nexpressed concern over a possible negative impact on the
\ncountry's democratization. They pointed out that the decree was
\nthe basis for the establishment of the now defunct Kopkamtib
\n(Operational Command for the Restoration of Security and Order).<\/p>\n
In the 1970s, the body effectively handled major social and
\npolitical crises but to such a point where it induced fear among
\nmany people. Some observers believed that if reintroduced the
\ndecree would give a president greater authority than what the
\nKopkamtib had in the past.<\/p>\n
Earlier, Golkar's secretary-general Ary Mardjono revealed that
\nthe call to consider the reintroduction of the decree actually
\ncame from President Soeharto when he opened a training course for
\nlegislators earlier this month.<\/p>\n
The 1988 decree says, among other things, that it \"grants the
\nauthority to the President\/the holder of the MPR mandate to take
\nactions necessary to safeguard and maintain national unity and
\nprevent and overcome social upheavals and (prevent) the repeat of
\n(1965 communist coup attempt) and other danger of subversion.\"<\/p>\n
Maswadi told The Jakarta Post the motion was not necessary as
\na president automatically had the authority to take action to
\nsafeguard the nation.<\/p>\n
In the past, the President understandably needed more
\nauthority to launch preemptive security measures because when the
\ndecree was originally adopted in 1966, Indonesia was at the early
\nstage of its New Order administration and facing political and
\neconomic instability.<\/p>\n
\"But after three decades of development, Indonesia's social,
\npolitical and economic conditions have improved a lot,\" he said.
\n\"The idea to reintroduce the decree shows that the government
\nlacks confidence in its own development.\"<\/p>\n
Maswadi described the motion as proof that the government is
\nhaunted by \"fear\" and thinks that \"sharp weapons\" are needed to
\nprotect itself.<\/p>\n
\"People have realized, however, that the use of force is no
\nlonger appropriate to settle problems,\" he said.<\/p>\n
The 1,000-strong People's Consultative Assembly will convene
\nnext March to draw up the Broad Guidelines of State Policies, and
\nelect a president and vice president. (10\/imn)<\/p>",
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