MPR moves to formalize task-sharing formula<\/p>\n
JAKARTA (JP): The People's Consultative Assembly (MPR) moved a
\nstep closer on Sunday to formalizing the task-sharing arrangement
\nbetween the President and Vice President, although not through a
\nseparate decree.<\/p>\n
The Assembly's wishes became clearer when all factions
\nrepresented in the Sub-commission C1 drafting team agreed to
\nprepare a draft decree containing a recommendation for President
\nAbdurrahman Wahid to delegate day-to-day technicalities of
\nrunning the government to Vice President Megawati Soekarnoputri.<\/p>\n
The factions included Abdurrahman's National Awakening Party
\n(PKB) which had previously threatened to walk out of the MPR
\nAnnual Session now underway if such a decree was endorsed.<\/p>\n
Although finally approving the proposal, the United
\nDevelopment, Crescent Star and Reform factions were of the
\nopinion that such a recommendation was not enough. They insisted
\nthat the Assembly issue another decree regarding the management
\nof Abdurrahman's administration on the grounds that the President
\nwas prone to issuing inconsistent statements.<\/p>\n
\"We will seek approval from all members of the sub-commission
\ntomorrow (Monday),\" Ma'ruf Amin of the PKB faction, who presided
\nover the team's meeting, said.<\/p>\n
Deputy chairman of Commission C Rully Chairul Azwar indicated
\nthat a vote would be taken at Tuesday's MPR plenary meeting if
\nthe three factions refused to drop their push for a separate
\ndecree.<\/p>\n
Commission C which is appraising the progress reports
\npresented by the high institutions of state, is divided into Sub-
\ncommission C1 which focuses on the President and Sub-commission
\nC2 which deals with other institutions.<\/p>\n
The Indonesian Democratic Party of Struggle (PDI Perjuangan)
\nand the Golkar Party factions, which between them hold 367 of the
\n700 MPR seats, sought to include the delegation of duty in the
\ndraft decree on the Assembly's evaluation of the state
\ninstitutions' progress reports after realizing that it would be
\nagainst the Constitution to issue a special decree on the matter.<\/p>\n
\"The decree will contain not only the Assembly's
\nrecommendations to the government, but an instruction for the
\nPresident to delegate the technicalities of government
\nadministration to the Vice President,\" Amien Aryoso of PDI
\nPerjuangan said.<\/p>\n
Sofyan A. of the Golkar faction conceded that the major
\nfactions in the commission, except for the PKB faction, had
\nagreed that the planned decree would cite the President's
\nstatement made last Wednesday that he would assign new duties to
\nMegawati.<\/p>\n
\"The planned decree will regulate the Vice President's new
\ntasks of taking over the technicalities of the day-to-day running
\nof government and to prepare the next Cabinet's agenda,\" he said.<\/p>\n
Alvin Lie of the Reform faction said a special decree was
\nnecessary due to President Abdurrahman's inconsistent ways.<\/p>\n
\"We are determined to propose an additional draft decree
\nbecause the President is not firm in his stance on this matter,\"
\nhe said.<\/p>\n
Ferry Tinggogoy of the Indonesian Military (TNI)\/National
\nPolice faction acknowledged that the draft decree which was
\nagreed upon would undergo long deliberation starting with the
\nsubcommission, then the commission and finally the Assembly's
\nplenary session.<\/p>\n
\"We are afraid that the Assembly will not reach an agreement
\non this matter through deliberation because the PKB faction will
\noppose it. If the factions resort to a vote, the draft decree may
\nwin support from at least two-thirds of the 700-member Assembly,\"
\nhe said.<\/p>\n
Constitutional law experts, however, said that whatever the
\nform of the decree, it would represent a violation of the
\nConstitution by trespassing on the president's prerogatives.<\/p>\n
\"Either a decree on recommendations or a special decree, they
\nwill certainly breach the Constitution,\" Bagir Manan, a professor
\nat the Bandung-based Pajajaran University, said after attending a
\nconsultative meeting with the Assembly's Commission A which is
\ndeliberating draft decrees on amendments to the Constitution.<\/p>\n
He instead suggested that the Assembly issue a decree to
\nsupport the President's promise to delegate some of his workload
\nto the Vice President.<\/p>\n
\"The MPR cannot go farther than that. Although it is the
\nhighest institution of state, it must not violate the
\nConstitution,\" Bagir warned.<\/p>\n
He said the decree would only be legitimate if the MPR amended
\nthe Constitution regarding the president's duties beforehand.<\/p>\n
From Yogyakarta, Muchsan, a professor of constitutional law at
\nGadjah Mada University, suggested that Abdurrahman, in his
\ncapacity as head of state, issue a presidential decree on the
\ntask-sharing arrangement with Megawati.<\/p>\n
Echoing Bagir's view, Muchsan said the delegation of duties in
\nthe government could not be formalized through an MPR decree
\nbecause it was against the Constitution.<\/p>\n
\"The MPR may just recommend that the President issue a
\npresidential decree on the matter,\" he said.<\/p>\n
He added that a president in his capacity as head of
\ngovernment could share the running of the administration with his
\nvice president.<\/p>\n
\"It is legal, okay. And it is the president who remains in
\ncharge of the government, despite the delegation of duty to the
\nvice president.<\/p>\n
\"However, he or she cannot delegate power to the vice
\npresident or anybody else. The vice president may just share with
\nthe president the day-to-day running of the government,\" he said.<\/p>\n
If the MPR insisted on issuing the decree, he added, the MPR
\nwould be engaging in authoritarianism.<\/p>\n
\"Anyway, the Assembly has the authority to declare that a
\npresident is no longer capable of performing his duties and to
\nthen issue a decree removing him or her from office and
\nappointing the vice president as president,\" he said.
\n(rms\/jun\/44)<\/p>",
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