President can issue decree if amended constitution puts state in jeopardy

Jakarta, NU Online
The President has the right to issue a decree to save the state, if the implementation of the revised 1945 Constitution may place the state in jeopardy.

This is in line with chapter 9 of the Constituion which among others said that the president and the vice president pledged to adhere to the Constitution and implement it sincerely and devoted themselve to the nation, a Betawi senior figure, Ridwan Saidi, said here on Sunday (20/7). ;

In a get-together with some senior figures like Kwik Kian Gie, Tyasno Sudarto, Achadi, Hartojo Winjowijoto, I Gde Djaksa and Amin Aryoso, Ridwan further said that four times amendment of the 1945 Constitution contained a biased arrangment of the high state institution.

He took as example of the Constitutional Court`s authority which exceeds that of the president and the House of Representatives, while the House`s authority also entered the domain of executives.

"Therefore based on chapter 9 of the 1945 constitution, the head of state could take a state saving measure in the framework of upholding the constitution and regulation," he said.

However, he also opined that the July 5 1959 return to the 1945 constitution, the decree could also not be issued, as the presidential decree no 150/1959 still prevailed and has yet to be scrapped from the state gazette.

But, if a decree is to be issued, the strong reason is that based on the 1945 constitution there is no highest state institution, as the People`s Consultative Assembly is equal with the president.

Therefore, in his capacity as the head of state, the president has the right to issue a decree for the safety of the state, he said.

In the meantime, Kwik Kian Gie also opined that eight years has passed, while reforms turned out to be a destruction. "Indonesia is no longer a nation state but corporate state which makes almost all companies in Indonesia owned by foreign investors."

Tyasno Sudarto meanwhile said returning to the 1945 constitution could not only be done by saying that the amended constitution would no longer prevail due to many obstacles. "The only way to do it is by a revolution to save the unitary state of Indonesia."

But the problem now was how to motivate the people to launch a revolution, to make it easy for the constitution to revive, as many people disappointed with the present constitution.(ant/dar)