'Presidencial post requires further clarification'

JAKARTA (JP): One of Indonesia's leading political scientist is calling for a review of various constitutional and legal articles, including a definitive clarification of the role and obligations of the president.

"The dynamics of the Pancasila democracy has to be able to respond to the currents and demands that continuously evolve according to the maturity and awareness of the people," J. Soedjati Djiwandono related.

Speaking at a seminar on "Indonesia 2020" at the Centre for Strategic and International Studies on Thursday evening, Soedjati stressed the need to clarify the relation between the chief executive and the House of Representatives.

Chapter six of the Elucidation of the 1945 Constitution clearly states "the House controls the government".

However, as Soedjati pointed out, there are no statutory sanctions to support this.

"These items have no mechanism in a legal form from which to operate with. It is unclear what the sanctions are if the president does not listen to the House," he argued.

In the current system, the president only makes a report to the People's Consultative Assembly (MPR) at the end of his five- year term in office.

Even in such a case, Soedjati points out, there are no sanctions if his report is not accepted by the MPR; the only possibility is that he might not be re-elected.

"What's even stranger is the fact that often the president is re-nominated even before his report is presented, or at least assessed in the MPR," he contended.

"Thus even if he is not elected, he will not lose anything," Soedjati remarked while questioning what should be done during the five-year term to hold the president accountable.

Along with the House's and MPR's lack of control of the president, Soedjati also questioned how many times a president can be re-elected.

Article seven of the Constitution states that the president and vice-president can be "re-elected" after completing their five-year term in office.

Soedjati maintained there is a need to define the exact number of times a person is allowed to hold the position.

"This Article needs further clarification, does 're-elect' mean that it is valid once or unlimited as is the case now?" he asked while pointing to such an ambiguity as the cause of the widespread debate and concern about succession.

Soedjati said that there has been no law regulating the presidential institution. Apart from a 1971 MPR decree, there are no laws governing the presidency, he said.

"Most, if not all, state and democratic institutions, including the party and election systems, have been regulated by laws," Soedjati said.

Explaining his desire for such legal reforms, Soedjati contended that the 1945 Constitution, as stipulated under article 37, allows for changes.

He underlined the fact that change does not imply replacing the constitution but reforming and clarifying certain points that need to be reviewed.

He refuted those who hold a rigid sense of interpreting the Constitution arguing that reforms are necessary to boost the democratic life of Indonesian society which Soedjati maintains is still at a low ebb.

"We should review and re-analyze all the concepts which have been made sacrosanct and made as if they were clear, final and perfect to the point that it becomes taboo to redress them again," he argued.

Soedjati warned that without these reforms democratic life would have progressed little when the nation celebrates its 75th anniversary in the year 2020.

"The development of our statehood, both conceptually and operationally, is still insufficient to satisfy the people's aspirations for equal prosperity in all aspects," Soedjati said. (mds)