'Presidencial post requires further clarification'<\/p>\n
JAKARTA (JP): One of Indonesia's leading political scientist
\nis calling for a review of various constitutional and legal
\narticles, including a definitive clarification of the role and
\nobligations of the president.<\/p>\n
\"The dynamics of the Pancasila democracy has to be able to
\nrespond to the currents and demands that continuously evolve
\naccording to the maturity and awareness of the people,\" J.
\nSoedjati Djiwandono related.<\/p>\n
Speaking at a seminar on \"Indonesia 2020\" at the Centre for
\nStrategic and International Studies on Thursday evening, Soedjati
\nstressed the need to clarify the relation between the chief
\nexecutive and the House of Representatives.<\/p>\n
Chapter six of the Elucidation of the 1945 Constitution
\nclearly states \"the House controls the government\".<\/p>\n
However, as Soedjati pointed out, there are no statutory
\nsanctions to support this.<\/p>\n
\"These items have no mechanism in a legal form from which to
\noperate with. It is unclear what the sanctions are if the
\npresident does not listen to the House,\" he argued.<\/p>\n
In the current system, the president only makes a report to
\nthe People's Consultative Assembly (MPR) at the end of his five-
\nyear term in office.<\/p>\n
Even in such a case, Soedjati points out, there are no
\nsanctions if his report is not accepted by the MPR; the only
\npossibility is that he might not be re-elected.<\/p>\n
\"What's even stranger is the fact that often the president is
\nre-nominated even before his report is presented, or at least
\nassessed in the MPR,\" he contended.<\/p>\n
\"Thus even if he is not elected, he will not lose anything,\"
\nSoedjati remarked while questioning what should be done during
\nthe five-year term to hold the president accountable.<\/p>\n
Along with the House's and MPR's lack of control of the
\npresident, Soedjati also questioned how many times a president
\ncan be re-elected.<\/p>\n
Article seven of the Constitution states that the president
\nand vice-president can be \"re-elected\" after completing their
\nfive-year term in office.<\/p>\n
Soedjati maintained there is a need to define the exact number
\nof times a person is allowed to hold the position.<\/p>\n
\"This Article needs further clarification, does 're-elect'
\nmean that it is valid once or unlimited as is the case now?\" he
\nasked while pointing to such an ambiguity as the cause of the
\nwidespread debate and concern about succession.<\/p>\n
Soedjati said that there has been no law regulating the
\npresidential institution. Apart from a 1971 MPR decree, there are
\nno laws governing the presidency, he said.<\/p>\n
\"Most, if not all, state and democratic institutions,
\nincluding the party and election systems, have been regulated by
\nlaws,\" Soedjati said.<\/p>\n
Explaining his desire for such legal reforms, Soedjati
\ncontended that the 1945 Constitution, as stipulated under article
\n37, allows for changes.<\/p>\n
He underlined the fact that change does not imply replacing
\nthe constitution but reforming and clarifying certain points that
\nneed to be reviewed.<\/p>\n
He refuted those who hold a rigid sense of interpreting the
\nConstitution arguing that reforms are necessary to boost the
\ndemocratic life of Indonesian society which Soedjati maintains is
\nstill at a low ebb.<\/p>\n
\"We should review and re-analyze all the concepts which have
\nbeen made sacrosanct and made as if they were clear, final and
\nperfect to the point that it becomes taboo to redress them
\nagain,\" he argued.<\/p>\n
Soedjati warned that without these reforms democratic life
\nwould have progressed little when the nation celebrates its 75th
\nanniversary in the year 2020.<\/p>\n
\"The development of our statehood, both conceptually and
\noperationally, is still insufficient to satisfy the people's
\naspirations for equal prosperity in all aspects,\" Soedjati said.
\n(mds)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/presidencial-post-requires-further-clarification-1447893297",
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"sponsor_url": "https:\/\/okusiassociates.com"
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