Legislators defend bill on presidency

JAKARTA (JP): A group of legislators, who proposed last Wednesday a bill regulating the presidency, made another bid on Tuesday to revive their cause, saying that it was needed to border the proportional sharing of power between the president and other state institutions, including autonomous regions.

Mohammad Askin, spokesman for the 30 legislators who initiated the bill, stressed during the plenary session that such a bill was urgent in an endeavor to revamp state institutions and provide a legitimate restraint on presidential power.

"Since the country's independence in 1945 ... the image of the presidential institution has been changed under the four (presidents') tenures," he said.

"Founding president Sukarno was somewhat powerful, former president Soeharto was very powerful, former president Habibie was quite reformist and incumbent Abdurrahman Wahid is ailing," he added during the meeting presided over by House Deputy Speaker Soetardjo Soerjogoeritno.

The bill has met opposition from constitutional law experts, who argue that it is against the Constitution, which already regulates presidential authority and duties.

Askin contended that the presidential power described in the Constitution had gone beyond the so-called trias politika in a democratic system, because the president has too much power.

He said that, besides running the government, a president as head of state has full authority to appoint ambassadors, issue an amnesty, declare war, control the Armed Forces and National Police, and make law.

"With the absence of a law on the presidency, a president can abuse these powers over the state's financial sources and the Armed Forces to maintain the status quo, as happened during the 32-year New Order era," he said.

He pointed out that it was also unbalanced that 13 of the 37 chapters in the 1945 Constitution regulate the presidential institution.

Askin said that under the proposed bill any power-sharing scheme between the president and other state institutions, especially relating to decision-making processes, was regulated with the principles of democracy at the forefront.

"Such a power-sharing scheme will allow other parties, especially other state institutions, to take part in the decision-making process," he said.

He also said that, besides sharing power with other state institutions, a president should also share his power with regions under the newly-launched regional autonomy initiative.

"A president has to share power with provinces and subdistricts as it is stipulated by the 1999 laws on regional autonomy and fiscal balance," he said.

According to Askin, the bill should also regulate other matters which could damage a president's credibility.

He noted that there would be articles that limit a president from participating in informal activities outside the presidential institutions, as well as dealing with the issue of accepting gifts and donations. (rms)