Soebijakto and Vice President

Soebijakto and Vice President

From DeTIK

The issue of the Indonesian Vice President who automatically
becomes the number one person in the country if the President
cannot continue his job (because of health reasons or others) has
been broadly discussed lately.

The most interesting opinion about it comes from the former
Governor of the National Defense Institution (Lemhanas), Let.
Gen. (ret) Soebijakto who said that the Vice President doesn't
automatically become President if something happens to him. He
argued that the 1945 Constitution doesn't explain the detail
about it and the Vice President is neither the highest Commander
of the Armed Forces nor head of the People's Consultative
Assembly (MPR). So that's why he stressed that an extraordinary
assembly has to be held by the MPR to confirm the Vice President
as President or probably elect another person for the post.

But, I think the 1945 Constitution clearly states that if
something happened to the President in the middle of his official
term, the Vice President would become the President until the end
of the five-year term (the 1945 Constitution, article No. 8).

Indeed the Constitution describes that only the President is
the head of MPR, and the Vice President is not the assistant
head. Logically though, the Vice President who becomes President
is automatically head of the MPR, because both of them are
responsible to the MPR.

The Decision of MPR No. VII/MPR/1973 strengthens the
Constitution. Article No. 2 is in line with the Constitution with
an addition that the Vice President who will replace the
President has to be confirmed by the Legislative Body, and if the
Legislative Body fails to hold an assembly, the Vice President is
confirmed by the Supreme Court to become President.

The next question is what is the solution if the Vice
President fails to continue his duty until the end of his term,
including serving the President's term?

The Decision No. VII/MPR/1973 article No. 4 states that MPR
will hold an extraordinary assembly to elect the new Vice
President and he/she has to occupy the post until the end of the
President's term.

It is clearly explained by both the 1945 Constitution and
Decision No. VII/MPR/1973 that in such a case the extraordinary
assembly, actually, has to be held for electing the Vice
President.

HUSNU ABADI

Bandung, West Java