Non-executable order

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.