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)