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