Non-executable order

The new executive order issued by President Abdurrahman Wahid, empowering his most senior political minister Susilo Bambang Yudhoyono to take whatever measures are necessary to restore security, law and order, contains one major flaw, making it almost unenforceable.

In issuing the executive order on Monday, the President did not give Susilo any legal protection that would have empowered him to employ whatever measures he deemed necessary, including the use of extra-legal powers to normalize the country's political condition. At face value, it is an order without real teeth. The order, therefore, is not carte blanche, but, literally, a blank check that has no currency.

Even Susilo appeared to be at a loss as to what was expected of him from the presidential executive order other than continuing his job as Coordinating Minister for Political, Social and Security Affairs. Without the legal cover, such as by invoking a state of emergency, there is little that Susilo can do other than work even harder, within the bounds of the existing laws, to normalize the abnormal condition.

That Indonesia is in a deep crisis is undeniable. It has been for over three years now. But the power struggle between the country's political leaders, more specifically between President Abdurrahman and his political rivals, is reaching its climax this week with the House of Representatives (DPR) scheduled to meet on Wednesday. At that plenary session the House is expected to call on the People's Consultative Assembly (MPR) to hold a special session and commence impeachment proceedings against the President.

In a desperate attempt to pre-empt the House's move, the President has lobbied left and right to win support for his plan to impose a state of emergency, which would have enabled him to dissolve the House, arrest his political rivals and probably even silence the critical media. But, he was denied that chance, which is his constitutional prerogative, because he did not garner support from where it counted most.

Both the Indonesian Military (TNI) and the National Police, who would have to execute some of the draconian measures under a state of emergency, have openly stated their opposition to be used as the President's tool in his fight with political rivals. Realizing that they might be forced to disobey the supreme commander if he forged ahead with his plan, the military leadership went public last week with their objection. Some senior members of Abdurrahman's Cabinet, including Susilo, have also wisely advised the President against the plan.

Failing to secure the support crucial to his grand survival scheme, the President came up with an executive order on Monday. The order is so vaguely worded that it has raised curious questions, even from some of his own ministers, about its purpose. Even the President's political rivals and critics were so baffled by it that it took them quite a while to prepare their responses.

One thing is clear though, that the executive order, in its present condition, will not prevent the House from convening on Wednesday as scheduled. Nor will there be summary arrests of the President's critics or a clamp down of the media. While we can breath a sigh of relief that the worst won't happen any time soon, it would be wrong to underestimate the ever-resourceful Abdurrahman. This is a man who is showing a growing penchant to misuse the privileges of his office to stay in power, even at the expense of plunging the nation deeper into crisis. At any rate, we know that the threat of a state of emergency is still there.

Whether or not issuance of the executive order is a wasteful exercise ultimately depends upon how Susilo interprets and asserts the authority vested on him by the President.

We can certainly think of one area where it might serve a useful cause: Susilo could use it to clamp down on the die-hard supporters of the President in East Java who are engaging in violent activities. Neither the President or any of his Cabinet members have even once condemned their activities, giving the strong impression that they are part and parcel of the President's grand scheme to help him stay in office.

Even in the absence of the executive order, it is still Susilo's job to ensure law and order in all parts of the country, including East Java. If he needs more prodding to take the necessary actions, however, now he has the executive order to do his job more effectively.