Gus Dur committed legal blunder: Expert

Gus Dur committed legal blunder: Expert

JAKARTA (JP): Observers said here on Monday that Abdurrahman
Wahid committed legal suicide by issuing a legally baseless
decree which included matters beyond his legal jurisdiction.

The weak legal basis of the decree was highlighted further
when the Supreme Court's opinion, albeit not legally binding,
confirmed that the decree was invalid, facilitating the way for
the People's Consultative Assembly to oust him.

Constitutional law expert from the Surabaya-based University
of Airlangga, Suwoto Mulyosudarmo, argued that none of the
existing laws provide jurisprudence for the issuance of the
decree.

He said the closest precedence was the decree issued by first
President Sukarno on July 5, 1959 which dissolved the constituent
assembly and reimposed the 1945 Constitution.

Suwoto contended that there were few parallels between the
situation today and in 1959.

"The conditions behind the two decrees are very different.
Even though the 1959 decree may be considered unconstitutional
and undemocratic, it was fully supported. Gus Dur failed to see
this," Suwoto told The Jakarta Post.

Abdurrahman sealed his presidential downfall on Monday when he
issued a decree which among others attempted to suspend the
People's Consultative Assembly.

The Assembly later revoked his presidential mandate saying
that by issuing such a decree Abdurrahman had violated state
guidelines.

Separately Supreme Court Justice Chief Bagir Manan on Monday
dismissed Abdurrahman's accusations that the Supreme Court's
opinion was void as it did not go through a Supreme Court
proceeding but merely the chief justice himself.

Bagir argued that it was not mandatory and that the fatwa, the
term widely used for the Court's legal opinion, is not legally
binding.

"After receiving a letter from the House, we gathered Supreme
Court justices to give our legal opinion on the situation," he
told journalists after attending the Special Session's plenary
meeting in the morning.

The Supreme Court under Law No. 14/1985 may provide a legal
opinion to the government or other high institutions in the
country.

Lament

Meanwhile the Association of Indonesian Law Graduates in a
statement also lamented Abdurrahman's decision to issue such a
decree.

"We support the Assembly revoking its mandate on the
presidency of Abdurrahman Wahid and the decision to inaugurate
Megawati as the new president," its chairman Albert Hasibuan
stated in a press release.

They maintained that the decree was "without legal basis and
unconstitutional as it violated the 1945 Constitution, Assembly
Decree No. III/1978 and other legal rulings."

Political observer Muhammad Budyatna of the University of
Indonesia maintained that the key to the whole issue is whether
the decree really had strong public and political support.

He contended that the legal arguments presented by both the
president and his foes were merely tools used to justify their
personal political ambitions.(bby)