Mon, 31 Jul 1995

Expert calls for more than one presidential candidate

DEPOK, West Java (JP): Harun Alrasid, a constitutional law expert, questioned the possibility of having more than one presidential candidate in 1998 in his oration at a ceremony marking his professorship at the University of Indonesia on Saturday.

He said he wished to see more than one presidential candidate in the coming elections, but realized that it might not be so. This wish, he said, "may not be more than a beautiful dream".

He explored at length various excerpts on presidential elections in the 1945 Constitution. He said not many people aware of the often violated sections.

He said, for instance, that "not many people realize that presidential elections may be conducted" more than the once every five years.

He also reminded the senate of professors of the Constitution's stipulation that "the presidential election is conducted by voting". A fact that many in the audience had no doubt forgotten.

"The elected president is the candidate who receives the most votes," Harun quoted. "So, presidential elections are not (supposed to be) carried out by deliberation with the aim to reach consensus."

Indonesian politicians live by the adage that every important decision should be reached by "total consensus". The process is considered to be the hallmark of the Pancasila democracy. Voting on a decision, by contrast, is considered inferior.

Harun proposed a "concept of three candidates".

"Each of the three existing political groupings -- Golkar, the United Development Party (PPP) and the Indonesian Democratic Party (PDI) -- should nominate a presidential candidate for their own organization," he said.

The other two factions in the People's Consultative Assembly (MPR), the 1,000-strong body in charge of electing presidents, namely the Armed Forces (ABRI) and the Regional Representatives, should be able to support any of the three.

"They are not political groupings so they should choose either one of the three," Harun said.

However, learning from history, "I realize that my concept is merely a beautiful dream," Harun said.

In reality, since 1973 when Indonesia elected its first president since the establishment of the New Order administration in the late 1960s, "there was always only one candidate".

Harun was pessimistic that the decision makers would agree to his suggestion. He gave as an example the outcome of the 1988 vice presidential election which had an unprecedented two candidates.

At the time, the Golkar, Regional Representatives and ABRI factions and the PDI agreed to endorse Sudharmono for vice president.

The PPP, however, broke away from the fold by nominating Jailani Naro, a controversial politician and former PPP leader. The candidacy was later retracted and Sudharmono became the sole candidate. He was vice president between 1988 and 1993.

Harun quoted an excerpt from a 1989 biography of President Soeharto which said "differences are justified. Through deliberation, those differences should be ironed out... Those with minority support should be willing (to accept)."

"Apparently they kept on thinking along the line of the Western democracy, they wanted to count votes despite the fact that they would lose anyway," Harun quoted President Soeharto in the book Soeharto: Pikiran, Ucapan dan Tindakan Saya (Soeharto: My Thoughts, Statements and Deeds).

"..in the Pancasila democracy, differences mean less than perfect. Because the Pancasila democracy requires deliberation to reach consensus," Soeharto said in the book.

Harun concluded that "if in the 1998 presidential elections he (Soeharto) is nominated again, then there won't be any possibility for the emergence of three presidential candidates."

"In other words, the tradition of single candidate will prevail," Harun said. "He (Soeharto) refused voting because it is against the principle of Pancasila democracy."

Harun also identified a number of flaws in the Constitution, which create a "legal vacuum" regarding the elections of presidents and vice presidents.

For instance, the Constitution regulates that presidential elections can be conducted more than every five years if the incumbent "dies, resigns or is unable to carry out his tasks" or if the president "deviates from the state's policy".

It fails, however, to say "who has the authority to determine that a president is unable to carry out his tasks or who should replace him if the vice presidential position is in a vacuum too," Harun said. (swe)