House speaker could replace triumvirate, minister says

House speaker could replace triumvirate, minister says

JAKARTA (JP): Minister of Law and Legislation Yusril Ihza
Mahendra proposed on Tuesday that the House of Representatives
speaker alone could be charged with executive authority should
the president and vice president be incapacitated.

"The House speaker is representative of the people and could
be given authority to prepare the election of a president in two
or three weeks," Yusril said.

The latest proposal fuels further the debate over who should
be delegated authority under the unique circumstance of having
the two top government officials unable to perform their duties.

Article 8 of the 1945 Constitution states that if a president
is unable to discharge his duties, the vice president
automatically assumes authority.

However, there is no designated successor if both are
incapacitated.

A 1973 People's Consultative Assembly decree states that under
such a circumstance the Minister of Home Affairs, Minister of
Foreign Affairs and the Indonesian Military Chief would carry out
executive duties.

They would share responsibility for at least three months
until election of a new president.

But constitutional law experts have questioned the validity of
this decree.

House speaker Akbar Tandjung last week proposed that instead
of the three cabinet ministers, succession should go to a
triumvirate leadership comprising the House speaker, Assembly
speaker and the Chief Justice.

Yusril contended on Tuesday that there would not be an
overlapping of duties if the House speaker was appointed to head
the government because an interim leader would only serve for a
few weeks to arrange for immediate elections.

He further brushed aside the stipulations of the 1973 decree
because a triumvirate leadership of three ministers was not
legitimate because they had no mandate of executive authority
from the People's Consultative Assembly. (jun)