Who controls who?
Who controls who?
Prof. Suhardiman, deputy chief of the Supreme Advisory
Council, suggested that after the general session of the People's
Consultative Assembly (MPR) in 1998, a report of the chief
justice's position, clarifying his authority and responsibility,
should be drawn up by the assembly.
It is an outstanding suggestion that should not be restricted
to the chief justice alone. It should include all supreme
institutions of the country (the presidency, House of
Representatives, Supreme Court, Supreme Advisory Council and
Supreme Audit Agency). The MPR's report would perfect the
implementation of the 1945 Constitution, which is all too brief
and vague. Also, since the Constitution is regarded as sacred and
irreversible, a report to clarify its implementation should be
very helpful.
All supreme national institutions are, in principle, on the
same level. They are responsible only to the MPR.
This, however, is not enough. Who is to daily monitor and
oversee all supreme institutions, so that action can be taken
swiftly when a problem crops up? When a problem or a case comes
up, do we have to wait another five years until the next general
session of the MPR, for instance?
These points are not covered by the Constitution and the
present council's report, so far.
During our 51 years of independence, numerous violations of
the Constitution might have taken place without anything ever
being done about them.
Therefore, in order to maintain genuine democracy -- as
outlined by the 1945 Constitution and Pancasila, which is in the
interest of the people and reflects honesty and justice -- I
recommend that a report should be issued at the 1998 general
session of the MPR about the forming of an executive board for
the assembly.
This board would contain 100 persons of the various
factions/parties sitting in the MPR. The board would be employed
on a full-time basis for a duration of five years. Its main
occupation would be to monitor activities and supervise the
actions of all supreme institutions, in order to determine if the
Broad Outlines of State Policy have been duly implemented by
these supreme bodies.
SUHARSONO HADIKUSUMO
Jakarta