Senin, 25 Februari 2013

Yudhoyono and the sanctity of the presidential oath


Yudhoyono and the sanctity of the presidential oath
Doni Istiyanto Hari Mahdi ;
The founder of ADN Consult political consultancy firm in Surabaya;
 In 2010, he filed a judicial review against Political Party Law No. 2/2008 with an aim to ban the president and vice president from holding political party posts while in office
JAKARTA POST, 20 Februari 2013


Like an orchestra, political observers spoke up both in defense and against President Susilo Bambang Yudhoyono’s recent decision as chairman of the Democratic Party’s supreme assembly to take over the powers of party chairman Anas Urbaningrum.

The opposing group warned the President that his deep involvement in the party’s internal affairs would be at the cost of his state duties. But the President said he would never ignore his state obligations, in accordance with the oath when he took office in 2004 and 2009.

But the facts show he has paid no heed to his state duties on many occasions. First, after the resignation of Andi Alifian Mallarangeng as the youth and sports minister on Dec. 7, 2012, it took the President over a month to name a replacement.

Second, when Vice President Boediono relinquished the Bank Indonesia (BI) governorship following his decision to contest the presidential election as Yudhoyono’s running mate in May 2009, the job was left vacant for over a year. Then-BI senior deputy governor Miranda S. Goeltom served as acting governor until July 27, 2009, when Darmin Nasution replaced her. Darmin was later elected BI governor and sworn in on Sept. 1, 2010. 

The absence of a definite BI governor for that long only cast doubt over the President’s commitment to monetary governance, given his constitutional mandate to propose candidates for the post to the House of Representatives.

Third, after Darmin took office as BI governor, the central bank’s senior deputy governor post he relinquished remains unfilled until today. This is a tragedy considering the fact that in accordance with the law, only the president of the republic of Indonesia has the prerogative to propose candidates for the bank’s second-highest post to the House.

According to the BI Law, the bank’s board of governors is led by a governor who is assisted by a senior deputy governor as vice governor and at least four but no more than seven deputy governors. 

In fact, BI today only has a governor and three deputy governors, which means the President has seen no urgency in filling two crucial posts — as stipulated by law — that have been vacant for more than a year.

In other words, the President has violated his oath of office. The oath requires him to “strictly observe the Constitution and consistently implement the law and regulations in the service of the country and the people”.

The oath of office Yudhoyono took contradicts his own remarks when responding to criticism surrounding his decision to take over his party’s leadership: “I can assure the Indonesian people that I will not disregard my state duties”. 

There is no precedent regarding punishment for public officials who breach their oaths of office, unless President Yudhoyono signs an impeachment motion filed by the Garut Legislative Council against Regent Aceng Fikri. 

The Supreme Court previously found the regent guilty of breaking the Marriage Law for his failure to register his second marriage (who also happened to be a minor).

Needless to say, the President employs a number of aides who are supposed to be competent in selecting prospective candidates for the BI senior deputy governor and deputy governor posts. Some believe that Yudhoyono follows “slow but sure” principles, while others perceive him as “sure, but slow”. As the BI case has shown, President Yudhoyono is surely slow.

The only reason why the President is so slow in fulfilling his state duties is because his concentration has been split between state jobs and his party commitment. 

Yudhoyono holds three key posts in the Democratic Party, which he cofounded: chief of the party’s board of patrons, ex officio chairman of the party`s supreme assembly and chairman of the party’s board of trustees.

To justify his dual responsibilities, Yudhoyono said Indonesia’s former presidents carried out their state duties while also helping to develop their respective political parties. 

What about the country’s founding president, Sukarno? Yudhoyono did not name the first president who, despite his link to the Indonesian Nationalist Party, was not aligned to any political party, even as a member. As founding father, Sukarno displayed his statesmanship by avoiding affiliation to any party because he belonged to all the people of Indonesia. 

Sukarno heeded his oath of office, which requires Indonesia’s president “to serve the country and nation”, without accommodating party interests. 

The original spirit of the founders of the republic remains relevant today, at least according to the Indonesia Survey Circle (LSI) survey released on Feb. 17, 2013, which shows that 76.43 percent of respondents agree that future presidents and vice presidents should not be involved with any political party, even as members. 

The survey also shows that 65.5 percent of the respondents, who said they had voted for Yudhoyono and Boediono in the 2009 presidential election, are worried about the President’s lack of focus on state duties following his decision to seize control of his party. More importantly, 91.77 percent of respondents agree that a president should stay removed from a political party’s affairs.

Manuel Luis Quezon, the second president of the Philippines, once said: “My loyalty to my party ends where my loyalty to my country begins”. This remark has become a prominent quote as it proposes the key difference between a politician and a statesman.

The people of Indonesia should call for the restoration of the original spirit of the republic’s founding fathers because as the head of state and government, the president fully belongs to the people of Indonesia and must, therefore, put national interests ahead of party interests. 

As the old adage goes, salus populi suprema lex esto or “let the good of the people be the supreme law”. ●

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