MPR moves to formalize task-sharing formula

MPR moves to formalize task-sharing formula

JAKARTA (JP): The People's Consultative Assembly (MPR) moved a
step closer on Sunday to formalizing the task-sharing arrangement
between the President and Vice President, although not through a
separate decree.

The Assembly's wishes became clearer when all factions
represented in the Sub-commission C1 drafting team agreed to
prepare a draft decree containing a recommendation for President
Abdurrahman Wahid to delegate day-to-day technicalities of
running the government to Vice President Megawati Soekarnoputri.

The factions included Abdurrahman's National Awakening Party
(PKB) which had previously threatened to walk out of the MPR
Annual Session now underway if such a decree was endorsed.

Although finally approving the proposal, the United
Development, Crescent Star and Reform factions were of the
opinion that such a recommendation was not enough. They insisted
that the Assembly issue another decree regarding the management
of Abdurrahman's administration on the grounds that the President
was prone to issuing inconsistent statements.

"We will seek approval from all members of the sub-commission
tomorrow (Monday)," Ma'ruf Amin of the PKB faction, who presided
over the team's meeting, said.

Deputy chairman of Commission C Rully Chairul Azwar indicated
that a vote would be taken at Tuesday's MPR plenary meeting if
the three factions refused to drop their push for a separate
decree.

Commission C which is appraising the progress reports
presented by the high institutions of state, is divided into Sub-
commission C1 which focuses on the President and Sub-commission
C2 which deals with other institutions.

The Indonesian Democratic Party of Struggle (PDI Perjuangan)
and the Golkar Party factions, which between them hold 367 of the
700 MPR seats, sought to include the delegation of duty in the
draft decree on the Assembly's evaluation of the state
institutions' progress reports after realizing that it would be
against the Constitution to issue a special decree on the matter.

"The decree will contain not only the Assembly's
recommendations to the government, but an instruction for the
President to delegate the technicalities of government
administration to the Vice President," Amien Aryoso of PDI
Perjuangan said.

Sofyan A. of the Golkar faction conceded that the major
factions in the commission, except for the PKB faction, had
agreed that the planned decree would cite the President's
statement made last Wednesday that he would assign new duties to
Megawati.

"The planned decree will regulate the Vice President's new
tasks of taking over the technicalities of the day-to-day running
of government and to prepare the next Cabinet's agenda," he said.

Alvin Lie of the Reform faction said a special decree was
necessary due to President Abdurrahman's inconsistent ways.

"We are determined to propose an additional draft decree
because the President is not firm in his stance on this matter,"
he said.

Ferry Tinggogoy of the Indonesian Military (TNI)/National
Police faction acknowledged that the draft decree which was
agreed upon would undergo long deliberation starting with the
subcommission, then the commission and finally the Assembly's
plenary session.

"We are afraid that the Assembly will not reach an agreement
on this matter through deliberation because the PKB faction will
oppose it. If the factions resort to a vote, the draft decree may
win support from at least two-thirds of the 700-member Assembly,"
he said.

Constitutional law experts, however, said that whatever the
form of the decree, it would represent a violation of the
Constitution by trespassing on the president's prerogatives.

"Either a decree on recommendations or a special decree, they
will certainly breach the Constitution," Bagir Manan, a professor
at the Bandung-based Pajajaran University, said after attending a
consultative meeting with the Assembly's Commission A which is
deliberating draft decrees on amendments to the Constitution.

He instead suggested that the Assembly issue a decree to
support the President's promise to delegate some of his workload
to the Vice President.

"The MPR cannot go farther than that. Although it is the
highest institution of state, it must not violate the
Constitution," Bagir warned.

He said the decree would only be legitimate if the MPR amended
the Constitution regarding the president's duties beforehand.

From Yogyakarta, Muchsan, a professor of constitutional law at
Gadjah Mada University, suggested that Abdurrahman, in his
capacity as head of state, issue a presidential decree on the
task-sharing arrangement with Megawati.

Echoing Bagir's view, Muchsan said the delegation of duties in
the government could not be formalized through an MPR decree
because it was against the Constitution.

"The MPR may just recommend that the President issue a
presidential decree on the matter," he said.

He added that a president in his capacity as head of
government could share the running of the administration with his
vice president.

"It is legal, okay. And it is the president who remains in
charge of the government, despite the delegation of duty to the
vice president.

"However, he or she cannot delegate power to the vice
president or anybody else. The vice president may just share with
the president the day-to-day running of the government," he said.

If the MPR insisted on issuing the decree, he added, the MPR
would be engaging in authoritarianism.

"Anyway, the Assembly has the authority to declare that a
president is no longer capable of performing his duties and to
then issue a decree removing him or her from office and
appointing the vice president as president," he said.
(rms/jun/44)