Yusril expains presidential task-sharing

Yusril expains presidential task-sharing

JAKARTA (JP): Amid a swirl of controversy over President
Abdurrahman Wahid's plan to share some of his workload with Vice
President Megawati Soekarnoputri, a minister of legal affairs
avouched on Thursday the arrangement did not breach the 1945
Constitution.

Speaking at an unscheduled media conference in his office,
Minister of Law and Legislation Yusril Ihza Mahendra said the
President's proposal was in line with the presidential system of
government outlined in the Constitution.

"It simply means a division of labor between the two, with the
Vice President being responsible for the day-to-day technical
work of running the government and having to report to the
President regularly," Yusril said.

He said the media briefing was requested by the President in
order to prevent any confusion among the people regarding his
overnight statement before the People's Consultative Assembly
(MPR).

Yusril further explained the government dismissed any
possibility of appointing a first minister after Abdurrahman
opted to share his workload with the Vice President.

Retreating from Abdurrahman's term "delegation of tasks",
Yusril said the President would remain the sole holder of the
Assembly's mandate to run the government.

"The President still holds the responsibility to deliver an
accountability speech before the Assembly at the end of his five-
year term," Yusril said as an example.

Responding to suggestions by some Assembly members that an MPR
decree was needed to provide the legal basis for the task-sharing
arrangement, Yusril did not rule out the possibility and
suggested the decree refer to Article 4 of the Constitution
concerning the vice president's role as an assistant to the
president.

"The Vice President's tasks in assisting the President can be
further elaborated in the decree, but the President's status as
both the head of state and head of administration will remain
intact.

"Once the president's authority is reduced, we are applying a
parliamentary system of government and that is against the
Constitution," Yusril said.

However, the minister said he personally would prefer it if
the Assembly refrained from regulating the task-sharing
arrangement in a decree. "It's better if the arrangement is
applied as a custom in statecraft practices."

"But the government has no right to advise or to prevent the
700-member Assembly from drafting a decree, because it is their
privilege," Yusril said.

Controversy

Inside the Assembly, there were mixed opinions about whether a
decree was necessary to ensure the President, who has been under
fire for his inconsistent statements, abided by the task-sharing
arrangement.

Assembly Speaker Amien Rais said it was important to provide a
legal basis for the arrangement to avoid the possibility of the
President backing down from the plan.

"The Assembly decree, which would provide a guideline for the
sharing of tasks, would prevent the President from unilaterally
revoking the arrangement. The decree would only be valid until
the end of his presidential term in 2004," Amien said.

He denied the Assembly was trying to interfere in the
government's affairs by proposing the decree.

"This is a special condition and I really take my hat off to
Abdurrahman's decision. The Assembly just needs to provide a
legal basis for the decision."

Golkar Party faction chairman Syamsul Mu'arif said there was a
possibility the Assembly could announce the President
"temporarily unavailable" so the issuance of the decree would not
violate the Constitution.

"However, it will very much depend on the response of our
fellow legislators from PDI Perjuangan," Syamsul said, referring
to the Indonesian Democratic Party of Struggle, which Megawati
chairs.

However, House of Representatives Speaker Akbar Tandjung and
an Assembly deputy speaker from the National Awakening faction,
Matori Abdul Djalil, said such a decree would be in contempt of
the Constitution.

Akbar said to provide a legal basis for the decision, the
Assembly only needed to issue recommendations.

"The Assembly could issue several recommendations to the
President on how to optimize the role of the Vice President in
helping him carry out daily state activities," Akbar said.

He also said a decree would imply a separation of the head of
state and the head of government, which went against the
country's long-standing presidential system of government.

Echoing Akbar's opinion, Matori said the Assembly could only
issue a recommendation that the President follow up his decision
to share his tasks with the Vice President.

"It should not be in the form of an Assembly decree, but in
the form of a recommendation which simply stipulates official
support for the decision," Matori said.

Separately, the chairman of Nahdlatul Ulama, the country's
largest Muslim organization, Hasyim Muzadi, hailed Abdurrahman's
decision, saying such a task-sharing arrangement would provide a
clearer job description for the executives.

"But it should not be stipulated in a decree. If it is, it
means the Assembly has overstepped its authority," he said
here.(bby/dja/nvn)