New terrorism decrees a risky business<\/p>\n
Debbie A. Lubis, The Jakarta Post, Jakarta<\/p>\n
Constitutionally, the issuance of government regulations in lieu
\nof law is a risky move as a president's credibility is at stake.<\/p>\n
The move will prove that a president has the courage to take a
\nhigh-profile decision, but it could cost the head of state dear
\nif the regulation failed to gain House of Representatives
\napproval to become law.<\/p>\n
Jimly Asshiddiqie, a constitutional law professor at the
\nUniversity of Indonesia, said that the 1945 Constitution allowed
\na president the discretion to issue a regulation in lieu of law
\nbased on his or her interpretation under certain circumstances,
\nsuch as during a state of emergency or war.<\/p>\n
He said that such a regulation would be needed if the country
\nwas under attack from a foreign country or party or if the
\ncountry was plunged into extraordinary tension, as happened
\nduring the May 1998 riots.<\/p>\n
According to Jimly, the president was allowed to issue the
\nregulations in lieu of law if he or she thought the
\nadministration was in a state of emergency while the House was in
\nrecess, which made it impossible to pass regulations into law.<\/p>\n
Chapter 22 of the fourth amendment to the 1945 Constitution
\nstipulates that a government regulation in lieu of law should be
\napproved by the House within the sitting immediately after the
\nregulation has taken effect.<\/p>\n
In the absence of House approval, the regulation should be
\nrevoked.<\/p>\n
The president, Jimly said, had to be held responsible for the
\nimpact of a regulation in lieu of law that was implemented.<\/p>\n
\"Therefore the president would usually avoid issuing such a
\nregulation because he or she would lose face and public
\nconfidence if the House turned it down. But that is the legal
\nconsequence he or she should take as a statesman,\" he told The
\nJakarta Post.<\/p>\n
Jimly, however, worried that such a regulation could serve as
\na political umbrella for the president in the absence of
\ncreativity and a lack of sense of direction.<\/p>\n
\"The ruling is there to prove that the president can make
\neffective decisions in support of law enforcement amid a crisis
\nof public confidence and legal certainty,\" he said.<\/p>\n
The regulations would be also useful as a legal umbrella for
\nlaw enforcers to take immediate steps in an emergency situation,
\nhe said.<\/p>\n
Jimly insisted that regulations in lieu of law could not be
\nretroactive or be relied on in a trial concerning events that had
\noccurred before their issuance.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/new-terrorism-decrees-a-risky-business-1447893297",
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