Accelerated general election

Accelerated general election

From Koran Tempo

The House of Representatives (DPR) plenary session convened in late June 2001 issued a second memorandum of censure against the President. Since there was no significant change in the President's leadership style, the People's Consultative Assembly (MPR) will be holding a special session on August 1, 2001.

There is a likelihood that President Abdurrahman "Gus Dur" Wahid will announce an accelerated general election in the next 31 days to boost his political image, given the fact that there is not much he can do in this relatively short period.

Even if Gus Dur was given a longer time to respond to the second censure motion -- three months for instance -- according to the DPR, the Gus Dur administration had not even positively responded to the first memorandum.

Some time ago, on a private TV station, the Minister of Defense, Mahfud MD touched on the possibility of holding an accelerated general election. Prior to this, a newly inducted member of the General Elections Commission (KPU) stated his support for an accelerated general election.

From this, it can be inferred that Mahfud MD and the KPU member, along with those who support the idea of holding an accelerated general election, are ignorant of the law.

Law No.3/1999 on general election, to be precise, in Chapter 1, General Provision, Article 1, Paragraph 3 states: The general election is held once in five years on a holiday, or a day declared a holiday, simultaneously across the Republic of Indonesia.

It is clear then that the next general election cannot be held until 2004.

Therefore, bearing in mind the above, the Gus Dur administration should not think of holding an accelerated general election unless chapter 1 of the law on general election is amended.

Chapter 8 of the 1945 Constitution sets forth that if the president passes away, resigns or is incapacitated during his tenure, he will be replaced by the Vice President until the end of his tenure.

Hence, if the special session revokes the President's mandate, Gus Dur will be replaced by the Vice President until 2004.

ATILLA GRAZIANI SJAFEI

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