Give up legislative
Give up legislative
post first
From Rakyat Merdeka
After reading in Koran Tempo the biodata of the vice
presidential candidates on July 26, 2001 and the results of the
People's Consultative Assembly's Special Session on July 27,
2001, I concluded that the installment of Hamzah Haz as vice
president was unconstitutional. Here are the reasons:
1. According to his biodata, Hamzah Haz holds the post of deputy
speaker of the House of Representatives for the 1999-2004 period.
What does this mean? It means that Law No. 4/1999 on the
structure and status of the People's Consultative Assembly, the
House of Representatives and regional councils have been
violated. It's clearly stipulated in Chapter VII Article 41
Paragraph 2 of the 1945 Constitution that "members of the House
of Representatives and regional councils are not allowed to
concurrently hold a position in the government and courts of law
at any level".
2. The news story in Koran Tempo on July 27, 2001 page 8 columns
5 and 6 titled Results of the 2001 Special Session of the
People's Consultative Assembly, did not mention a People's
Consultative Assembly decree releasing Hamzah Haz of his duties
as deputy speaker of the House of Representatives.
3. Since the vice president violated Article 41, Paragraph (2) of
Law No. 4/1999, he has also violated his oath of office (as
stipulated in Article 9 of the 1945 Constitution). Should we
convene another spesial session? If it is true that Hamzah Haz is
still a deputy speaker of the House of Representatives, why
hasn't he proposed that he be relieved of his legislative duties?
Therefore, Hamzah Haz' installment as vice president is
legally flawed.
ATILLA GRAZIANI SJAFEI
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