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)