President's move to install police chief draws ire

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)