Doctoral exam turns into gripping argument on govt
JAKARTA (JP): A panel of the University of Indonesia's law professors turned a viva yesterday into a grievance session and led legal doctoral candidate A.S.S. Tambunan into agreeing with them that the New Order administration had failed to uphold the 1945 Constitution in its purest form.
Tambunan, who is a former legislator, was defending his thesis The Function of the House of Representatives (DPR) According to the Constitution before a session presided over by Wahyuning Ramelan, the assistant to the director of the university's postgraduate program.
The panel of academics who grilled Tambunan comprised of respected legal experts including Soehardjo Sastrosoehardjo, Sri Soemantri Martosoewignjo, Koesnadi Hardjasoemantri, and Bintan R. Saragih.
Unlike many vivas, which often proceed in a stiff, formal ambience, yesterday's session was lively and was used by the professors not only to question Tambunan's thesis but to air their own opinions on Indonesian politics.
Tambunan said the New Order administration had established a political system in which legislative bodies represent political parties rather than the people. He argued that this means Indonesia had not what is called "Pancasila democracy" but a system which was more liberal in nature.
He expressed his belief that the promise the New Order government made in its early years to implement the 1945 Constitution in its purest form was no longer being kept.
Tambunan also said that the leadership of the House of Representatives (DPR) should be separated from that of the People's Consultative Assembly, because though the two bodies were said to represent the people, they had different functions.
"Does it mean that the New Order administration has failed to keep its pledge to uphold the Constitution in its purest form?" Sri Soemantri asked Tambunan.
Tambunan tried to explain that the function of the DPR -- much criticized as a mere rubber-stamp of the executive branch of power -- when Soemantri cut in and said: "So you wanted to say that the administration has indeed failed to keep its promise?"
Tambunan was unable to answer, while around 100 people attending the session burst into laughter and applauded.
Bintan Saragih also questioned Tambunan's statement in his thesis that the DPR was "partisan" because its members had to voice their political parties' opinions rather than those of the general public.
"I'd say our DPR is 'representative' of the political parties because members are forbidden to express different opinions," Bintan said. This was also applauded by those attending.
Koesnadi, a former rector of the Yogyakarta-based Gadjah Mada University, posed critical questions about the recruitment of DPR members; 525 of the current House are appointed by the ruling grouping Golkar with the approval of the President.
Tambunan said in his thesis that the DPR members should be given freedom to not always speak up on behalf of their parties, but also on behalf of the people.
On the other hand, government ministers should be responsive and transparent when attending hearings with the DPR, in order to show that they really respect the Constitution which stipulates that the executive branch of power is on a par with the legislature, he said.
Tambunan, born 64 years ago in Surabaya, was between 1965 and 1966 the chief judge of the extraordinary military tribunal in Jakarta. (swe)