Decree revival plan receives cautious reaction

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)