Soeharto's exit debated by lawyers<\/p>\n
JAKARTA (JP): Constitutional law expert Yusril Ihza Mahendra
\ninsisted that Soeharto's resignation and transfer of power to
\nB.J. Habibie was in line with the 1945 Constitution, but other
\nobservers begged to differ.<\/p>\n
Yusril also said the transfer was in accordance with People's
\nConsultative Assembly (MPR) Decree no. 7\/1973 which regulates the
\ntransfer of power in the event of the president becoming
\nincapacitated.<\/p>\n
\"Everything was well prepared so the transfer of power was
\nvalid,\" he said. \"It is acceptable that Habibie took his
\npresidential oath at the State Palace because of the emergency
\nsituation.\"<\/p>\n
The decree states, among other things, that before a vice
\npresident can be sworn in as president, he should take an oath
\nbefore the House of Representatives. If it is not possible for
\nthe House to convene a session, the vice president must take his
\noath before the Supreme Court.<\/p>\n
Habibie was sworn in before Chief Justice Sarwata and other
\njudges from the Supreme Court.<\/p>\n
Yusril conceded that Habibie should have been sworn in at a
\nHouse plenary session, but argued that \"the House could not hold
\na plenary session because the parliament building was being
\noccupied by students.\"<\/p>\n
Satya Arinanto, secretary of the constitutional law department
\nin the University of Indonesia Faculty of Law, said he was not
\nsure whether swearing Habibie into office outside of a House
\nplenary session was legally acceptable.<\/p>\n
\"It seems valid but it is also controversial. Is it really
\ntrue that the House of Representatives (DPR) could not hold a
\nplenary session because the building was being occupied by
\ndemonstrating students?\" he said.<\/p>\n
He also suggested that the MPR immediately convene a special
\nsession in response to growing student rejection of Habibie's
\nappointment. The session was also needed to decide how long
\nHabibie would spend in office, to elect a new vice president, and
\nto discuss any possible changes to the current representation in
\nthe MPR and DPR, he said.<\/p>\n
Constitutional law expert Harun Alrasid separately said that
\nthe MPR retained the authority to decide whether a special
\nsession was necessary, in accordance with Chapter 8 of the
\nConstitution.<\/p>\n
\"If the MPR, or the President, or both, call for a special
\nsession of the MPR, then one should be assembled,\" he said of the
\n1,000 member Upper House, which has to convene at least once
\nevery five year to prepare and endorse the State Policy
\nGuidelines, and to elect a president and vice president. It also
\nlistens to a speech of accountability which must be made by the
\npresident at the end of his or her term in office.<\/p>\n
Harun dismissed the student rejection of Habibie, saying that
\nthey and the general public should the new President a chance to
\nprove his ability to lead the country.<\/p>\n
\"Students should be satisfied with Soeharto's resignation and
\ngive Habibie support to help defuse the crisis and restore
\nnormality after the recent rioting and unrest,\" he said.<\/p>\n
Separately, legal expert Dimyati Hartono, who is also a leader
\nof the National Reform Movement, a loose association of pro-
\nreform activists, said Habibie's appointment was not valid.<\/p>\n
He also called on the Assembly to hold a special session to
\nelect a new president and vice president.<\/p>\n
\"The transfer of power is invalid not only because of the
\nstudents' rejection, but because it was conducted outside a House
\nplenary session,\" he said.<\/p>\n
An alliance of non-governmental organizations also said
\nHabibie's appointment had no legal, political or moral basis.<\/p>\n
The transfer of power was against the constitution which meant
\nthat Habibie was only an acting president, they said in a
\nstatement.<\/p>\n
The statement was jointly signed by the Circle for
\nParticipatory Social Management (CPSM), the Independent
\nElectioneering Monitoring Committee (KIPP), the Commission for
\nMissing Persons and Victims of Violence (Kontras), the Indonesian
\nLegal Aid Foundation (YLBHI) and the Jakarta Legal Aid Institute.<\/p>\n
The statement also called for Soeharto to explain the reasons
\nfor his resignation before a House session. (rms)<\/p>",
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