More opposition to decree on preemptive powers

More opposition to decree on preemptive powers

JAKARTA (JP): Two more scholars jumped on the bandwagon of
those opposing the recent motion to reintroduce a People's
Consultative Assembly (MPR) decree that would give the president
preemptive powers against subversive activities.

Dimyati Hartono of Diponegoro University's Law School in
Semarang and Maswadi Rauf of the University of Indonesia's School
of Social and Political Sciences separately said that a
reintroduction of the decree was not only unnecessary but a
setback for democratization.

Another observer, Marzuki Darusman of the National Commission
on Human Rights, however, called out against being trapped by the
controversy over the issue. He urged the public to instead think
of ways to improve their bargaining position in their struggle
for democracy.

"It would be better for them to bargain with the government so
the reintroduction of the decree would not neglect the already
accepted principles of democracy," Marzuki said in a separate
interview on Saturday.

Dimyati disagreed. "It (the decree) would be a setback and
does not agree with the world's trend toward democracy which
gives people a greater role instead," Dimyati was quoted by
Antara as saying on Saturday.

He expressed concern that once the decree was reintroduced
into the Broad Guidelines of State Policies, it would not be easy
to drop later on. What Indonesia needs right now, instead, is a
better implementation of the 1945 Constitution, he argued.

He pointed out that the Indonesian political system was based
on democracy rather than on a centralization of power. The idea
to reintroduce the decree should be reconsidered, he said.

The decree granted a president the authority to take
preemptive measures against security disturbances and subversive
activities. It was adopted as part of Indonesia's Broad
Guidelines of State Policies in 1988, but was later dropped from
the guidelines in 1993.

The ruling Golkar faction, the United Development Party and
the Indonesian Democratic Party decided recently to include the
substance of the 1988 decree in their drafts of the 1998
guidelines.

The motion then invited controversy and some observers have
expressed concern over a possible negative impact on the
country's democratization. They pointed out that the decree was
the basis for the establishment of the now defunct Kopkamtib
(Operational Command for the Restoration of Security and Order).

In the 1970s, the body effectively handled major social and
political crises but to such a point where it induced fear among
many people. Some observers believed that if reintroduced the
decree would give a president greater authority than what the
Kopkamtib had in the past.

Earlier, Golkar's secretary-general Ary Mardjono revealed that
the call to consider the reintroduction of the decree actually
came from President Soeharto when he opened a training course for
legislators earlier this month.

The 1988 decree says, among other things, that it "grants the
authority to the President/the holder of the MPR mandate to take
actions necessary to safeguard and maintain national unity and
prevent and overcome social upheavals and (prevent) the repeat of
(1965 communist coup attempt) and other danger of subversion."

Maswadi told The Jakarta Post the motion was not necessary as
a president automatically had the authority to take action to
safeguard the nation.

In the past, the President understandably needed more
authority to launch preemptive security measures because when the
decree was originally adopted in 1966, Indonesia was at the early
stage of its New Order administration and facing political and
economic instability.

"But after three decades of development, Indonesia's social,
political and economic conditions have improved a lot," he said.
"The idea to reintroduce the decree shows that the government
lacks confidence in its own development."

Maswadi described the motion as proof that the government is
haunted by "fear" and thinks that "sharp weapons" are needed to
protect itself.

"People have realized, however, that the use of force is no
longer appropriate to settle problems," he said.

The 1,000-strong People's Consultative Assembly will convene
next March to draw up the Broad Guidelines of State Policies, and
elect a president and vice president. (10/imn)