Habibie may take power if Soeharto steps down

Habibie may take power if Soeharto steps down

JAKARTA (JP): Vice President B.J. Habibie will succeed
President Soeharto if the latter resigns as requested by House
Speaker Harmoko yesterday, a constitutional law expert said.

Yusril Ihza Mahendra from University of Indonesia in Jakarta
said that if Soeharto agreed to voluntarily step down, then there
was no need for Harmoko to call an extraordinary session of the
People's Consultative Assembly (MPR) to elect a successor.

While no one doubted the fine points of the constitution, some
experts said the political condition is such that the country
should be looking at alternative candidates to succeed Soeharto.

"President Soeharto needs only to tender his letter of
resignation to the MPR leaders," Yusril said.

Vice President B.J. Habibie will automatically become the new
president, he said, citing Article 8 of the 1945 Constitution
which stipulates that the vice president will become president,
if the latter becomes incapacitated, and complete the remainder
of the five year term in office.

An extraordinary session of the MPR could still be called, if
the new president or the MPR felt it necessary, in order to elect
a new vice president, he said, pointing out that this mechanism
was stipulated in a 1973 MPR decree.

Yusril said any changes in the national leadership, including
the resignation of the President and the appointment of his
successor, must be done in accordance with the constitution.

Ismail Hasan Metareum, deputy house speaker from the United
Development Party (PPP) faction, agreed that Habibie would take
over if Soeharto stepped down.

"We don't have to hold an MPR session to discuss Soeharto's
resignation because the vice president will take over," Ismail, a
seasoned politician with a legal background, said.

Soeharto and Habibie were both elected to their posts by the
MPR during its quinquennial general session in March. Both stood
unopposed in the elections.

Legal expert Todung Mulya Lubis said that although under the
Constitution Habibie should become president, the magnitude of
the present crisis justified looking elsewhere for another
candidate.

"The multidimensional crisis the country is facing has led to
a force majeur condition, that the article on succession in the
Constitution becomes irrelevant," Lubis said.

"What we need now is a collective national leadership which
can accommodate the aspirations of the people," he said, adding
that the country's new leadership would likely arise through
negotiations between the various political forces.

This should be an interim "national collective leadership"
which must solve the economic crisis and prepare for a general
election and the development of democracy in the country, he
said.

Satya Arinanto, another constitutional law expert from the
University of Indonesia, said that although constitutionally
Habibie will succeed Soeharto, there is the problem whether or
not Habibie is acceptable to the people.

"There is also the question of whether or not Habibie has the
capacity to overcome the crisis," Satya said.

Alternatively, a triumvirate comprising the foreign minister,
home affairs minister and defense and security minister could be
appointed as caretakers for one month until the MPR meets to
elect a new president and vice president, he said.

Satya also pointed out at a 1978 MPR decree requiring the
House of Representatives to serve two notices on the President
questioning his policies first before it can call for an
extraordinary session of the MPR.

If the President fails to respond to the two memorandums, only
then can the MPR convene a meeting, he said.

He added however that constitutionally, the House can bypass
this procedure and directly ask the MPR to convene.

Another constitutional expert, Andi Muis of Hasanuddin
University in Ujungpandang, did not think that Habibie would
automatically become vice president.

Andi said the nation did not necessarily have to accept
Habibie as the new president, and that the MPR should convene an
extraordinary meeting to elect a successor, even if Soeharto
resigned.

Habibie has not proven himself as a statesman, Andi said. "He
may have been a successful technocrat, but not so as a
statesman," he said of the former state minister for research and
technology.

The presidential post should be left open for competition to
those who feel they have the capability to lead, he said.

Andi cited Amien Rais, chairman of the Muhammadiyah Moslem
organization, and Megawati Soekarnoputri, daughter of former
president Sukarno and ousted leader of the Indonesian Democratic
Party, as the best candidates for the post.

"If we want someone older, Emil Salim is the one," he said
referring to the senior economist and former environmental
minister.

Andi said an extraordinary MPR session was still necessary to
examine Soeharto's accountability.

He said that it should not be too difficult for the Assembly
to hold an extraordinary session. "It doesn't cost too much money
and it doesn't take that long to prepare."

"An appropriate date for the meeting is June 1," Andi said,
referring to the still widely disputed date appointed as the
anniversary of the conception of Pancasila, the state ideology.
(imn/aan/ivy)