MPR committee works to amend 1945 Constitution

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)