MPR committee works to amend 1945 Constitution
JAKARTA (JP): The People's Consultative Assembly (MPR) set up on Monday demarcation lines between presidential power and privileges to allow a check-and-balance arrangement to work well in the future.
Harun Kamil, chairman of the MPR Ad Hoc Committee III in charge of constitutional amendment, said numerous changes had been made to chapters in the 1945 Constitution which gives extraordinary power to a president as head of government and state.
"In the past, our presidents were too powerful and there was no check and balance between the executive and the legislative branches. Democracy could not flourish in such conditions," he said.
He said amendments to four chapters regarding presidential power had been agreed by representatives of factions in the ad hoc committee.
Slamet Effendy Yusuf, deputy chairman of the ad hoc committee, said presidential terms of office would be limited to only two five-year periods at the most.
"After being elected for the first time, a president can be reelected or be allowed to run for presidency for a second period," he said.
According to Slamet, Chapter 7 of the Constitution, which says that a president is elected to serve for five years and can be reelected, had been deliberately misinterpreted or abused by the first two former presidents in order to stay in power and maintain the status quo.
He said his committee also agreed to revoke the legislative power of a president stipulated in Chapter 5 and return it to the House of Representatives.
"This means a law will become effective after being endorsed by the House, with or without the president's approval," Slamet said. According to the amendment, a law which is not signed by the president within 30 days after the House's approval will become effective automatically.
The constitution gives the president power to make laws.
Slamet said the amendment will maintain the president's rights to make laws, but he or she cannot force the House to deliberate and endorse them.
Prerogatives
Slamet, who is also deputy chairman of the Golkar Party, added that his committee also agreed to reduce presidential prerogatives, including privileges to appoint cabinet ministers and diplomats, and to grant amnesties and awards.
"A president has a prerogative to appoint ministers and ambassadors, but the process needs consultation with the House. This is meant to prevent the president from practicing nepotism and collusion," he said.
He added the limitation to presidential privileges was aimed at encouraging professionalism among government and state officials.
He said the president will maintain prerogatives to commute the sentences of political prisoners and to grant amnesties, but only after having consulted the Supreme Court and the House.
Slamet said that after the plenary MPR meeting, his committee will deliberate a draft on direct presidential elections and another draft on evaluation of state institutions, such as the MPR, Supreme Advisory Council and Supreme Audit Agency.
Meanwhile, Postdam Hutasoit, a member of the Indonesian Democratic Party of Struggle (PDI Perjuangan) faction at the Assembly, said his faction opposed the draft ruling on presidential election procedure.
"If the MPR endorses the draft ruling, it will certainly cause unrest among the people and affect national unity," he told The Jakarta Post here on Monday.
He said the most hit by the draft ruling is Golkar and its presidential candidate, incumbent President B.J. Habibie.
"What will happen with Habibie's supporters if their candidate is accused of corruption, nepotism and collusion in such a forum?" he asked rhetorically.
The MPR Ad Hoc committee is expected to endorse or reject the draft ruling on Tuesday.
Bachtiar Chamsyah, a committee member from the United Development Party (PPP) faction, said that the Golkar and Indonesian Military factions which proposed the draft ruling were expected to drop it.
The committee will work in two phases -- before and after the MPR General Session. Before the plenary MPR session, the committee is slated to have completed the amendment of numerous chapters on presidency, while other chapters will be revised after the plenary session. (rms)