Legislators defend bill on presidency
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)