President's move to install police chief draws ire

JAKARTA (JP): President Abdurrahman Wahid's move to hastily swear in Gen. Bimantoro as National Police chief has drawn ire from several legislators and observers.

They maintained that the President's decision to officially swear in Bimantoro on Saturday to replace Gen. Rusdihardjo without consulting the House of Representatives was a violation of a People's Consultative Assembly (MPR) decree.

Interviewed separately by The Jakarta Post, Indonesian Democratic Party of Struggle chairman at the Assembly, Sophan Sophian, and Constitutional Law professor Bagir Manan asserted that Abdurrahman had violated MPR Decree No. VII/2000.

"In my personal capacity, as a House member, I suggest the House send a letter to warn Gus Dur (as the President is popularly known) on that matter," said Sophan, who is also deputy chairman of the party's faction at the House.

He said if Abdurrahman replied with an unsatisfactory explanation the House should repeat it, and if the President remained unresponsive, the House should call for a special session of the Assembly.

Sophan agreed with an earlier remark made by Assembly Speaker Amien Rais, who said that Abdurrahman could provoke legislators to call a special session.

"That's the procedure if we think the President has violated the State Guidelines," contended Sophan, who is also a noted film actor.

Sophan brushed aside Abdurrahman's claim on the immediacy of installing Bimantoro due to the Atambua incident.

"Why couldn't he wait for just a week or two? I don't believe his (expressed) motives to install Bimantoro," he said, but added, "I don't have a problem with Bimantoro or whoever as the police chief."

He further noted that defying an Assembly decree has the same political consequence as the State Guideline, which was also established through a decree.

"So the President could be asked about his accountability," he said.

Law expert Bagir Manan also said that Abdurrahman had violated the decree.

"The House could send a letter to warn the President or conduct an interpellation or give an opinion of regret due to it," said Bagir, from Bandung-based Padjadjaran University.

He said such a hard warning from the House was needed to avoid Abdurrahman becoming an authoritarian who willfully breaches the law.

Bagir said Abdurrahman's contention that he did not have to fully heed the decree since no regulation had been issued to accompany it was also not valid.

Bagir pointed out that Article seven of the decree was quite clear, stressing the need for House approval in such matters.

But, he disagreed with suggestions for a special session of the Assembly.

"The violation was a procedural breech and not a substantial one," said Bagir, who was recently selected as a Supreme Justice.

Assembly Speaker Amien Rais, who is also the National Mandate Party head, warned on Saturday that Abdurrahman's move could be used to call a special session.

Amien's comment was made just after Abdurrahman inaugurated Bimantoro at the State Palace. The President had said earlier that Bimantoro would be installed on Monday, after he had received approval from House leaders who would conduct a leadership meeting in the morning. (jun)