President's executive order has no legal footing: Experts

President's executive order has no legal footing: Experts

JAKARTA (JP): The old order changes, yielding place to new,
but an executive order by President Abdurrahman Wahid does not
and will not change the situation in the country as it has no
legal footing.

Legal experts view the executive order issued by President
Abdurrahman Wahid on Monday as no more than just an announcement
made by the President, and therefore, does not have any legal
impact on the country.

A constitutional expert from University of Indonesia, Satya
Arinanto, said that such an executive order was an obsolete legal
instrument and had not been used in the country for a long time.

"An executive order is more like an announcement, since it
doesn't have any legal basis. But, then, during the war it had a
legal impact on the people. Now, it's nothing," he said.

Executive orders were used during the country's revolutionary
period in late 1940s, but then were abandoned for no clear
reason.

Furthermore, this executive order is also not included in the
latest People's Consultative Assembly decree No. 3/2000 which
relates to presidential decisions and regulations.

Another constitutional law expert, Yusril Ihza Mahendra, also
formerly justice minister under President Abdurrahman, concurred
that the executive order had no legal footing.

But he warned that it was open to interpretation and
therefore, to abuse also.

"It could be interpreted differently, it could lead to
something different," he told Metro TV.

Separately in Yogyakarta, constitutional expert Muchsan from
Gadjah Mada University said although it had no legal footing, the
executive order issued by Abdurrahman on Monday would still be
bound by existing regulations.

Although in the executive order, the President asked
Coordinating Minister for Political, Social and Security Affairs
Susilo Bambang Yudhoyono to take the necessary special actions
and steps, without any limit, to uphold security, law and order
in the country, Susilo could not break any prevailing law in
executing the order, Muchsan said.

"So, Pak Susilo cannot dissolve the House of Representatives,
for example, as the President cannot either," he told The Jakarta
Post in Yogyakarta on Monday.

Noted lawyer and human rights activist Todung Mulya Lubis
concurred that there was no legal basis for the issuance of an
executive order.

Nevertheless, he noted that it was the President's privilege
to issue such an executive order in his capacity as the highest
commander in the country.

But there should be objective supporting conditions as a
legitimate basis to make the issuance of such an executive order
acceptable and executable, he said.

"I believe we're not in an emergency condition. So it's
impossible for Susilo Bambang Yudhoyono to execute the order
without being backed up by the military and the police," he told
reporters in Jakarta.

Minister of Defense Mahfud MD, who is also a legal expert,
said the executive order issued by the President did not mean a
state of emergency and therefore, it would not lead to mass
arrests.

The minister also said that the executive order was not an
attempt to delegate power to Susilo, but should be seen merely as
an assignment to him to take necessary actions to restore order
and security.

"It must be emphasized that the President has issued the
executive order in order to assign, -- and not deliver authority
to -- the coordinating minister for political, social, and
security affairs, so the minister can take every necessary step
immediately," Mahfud said, before attending a meeting at Susilo's
office. (44/bby)