Decree revival plan receives cautious reaction

JAKARTA (JP): House Speaker Wahono and his deputy Soerjadi were cautious yesterday about a plan by the three political organizations to revive a ruling which gives a president extra power.

Wahono refused to comment on the relevance of the decree which was last discussed in the 1988 general session of the People's Consultative Assembly. He noted, however, that the assembly had the right to readopt the ruling when it convenes next March.

"The assembly holds a general session every five years to form a set of rulings to be executed by a president during his or her term. It can pass any decree," Wahono said.

Deputy House Speaker Soerjadi said the assembly was entitled to provide a president with extra power if necessary, but the decision would require acceptable reasons.

"Let's look into the motives behind the plan (to revive the 1988 ruling). If they are acceptable, why not?" he said.

Golkar, the United Development Party (PPP) and the Indonesian Democratic Party (PDI) have started studying all decrees endorsed by the assembly since its initial general session in 1973, as they prepare drafts of regulations to be submitted during the general session next year.

PDI was the only party to overtly support the deliberation of the 1988 ruling, Media Indonesia reported yesterday.

The ruling allows the president to take any necessary measures when the state ideology Pancasila, the constitution and the national development program are endangered.

A provisional people's consultative assembly first passed the decree in its special session in 1966. It confirmed a presidential mandate given to Lt. Gen. Soeharto to restore order following an abortive coup blamed on the now outlawed Indonesian Communist Party in 1965.

In its four successive five-yearly general sessions held since 1973, the assembly maintained the decree. It was not deliberated in the last session in 1993.

Constitutional law expert Satya Arinanto said yesterday that the decree remained in effect even though the assembly did not deliberate it five years ago.

"The 1988 decree is still in force as long as the assembly has not (adopted another ruling which) revokes it," Satya said.

However, he deemed the decree unconstitutional because its contents were too important to be regulated by a consultative assembly's ruling. Instead, the extra power should be regulated and added to the 1945 Constitution, he said.

The 1945 Constitution enables the assembly to form a (new) constitution, but the right has never been exercised. The assembly pledged in its 1978 general session not to introduce changes to the constitution.

Satya lamented the plan to redeliberate the decree, saying it would not fit the world trend which suggests lessening governmental control.

"The plan would be a setback, because the decree is irrelevant in the face of globalization. Besides, our constitution has already given the President so much power," he said.

He said the decree was unnecessary because article 22 of the constitution enables a president to take emergency measures.

Instead he suggested that the 1,000-strong assembly formally drop the decree when they convene next March. (amd)