The Indonesian Presidency was established during the formulation of the 1945 constitution by the Researching Body for the Preparation of the Indonesian Independence (BPUPKI)[1]. The office was first filled on 18th August 1945 when Sukarno was elected by acclamation[2]. The election was conducted by the Committee for the Preparation of Indonesian Independence (PPKI) because the body responsible for the Presidential elections, the People's Consultative Assembly (MPR), had not been formed yet. On 16th October 1945, Vice President Mohammad Hatta announced a Vice Presidential decree which turned the Central National Committee of Indonesia (KNIP) equal status with that of the President[3]. On 11th November 1945, the KNIP made the decision to separate the role of Head of State with that of Head of Government. Although a new constitution had not been set up yet, Indonesia was now a de facto Parliamentary Democracy with the President as a ceremonial Head of State whose function was to ask the Prime Minister as the Head of the Government to form a new Cabinet.
During the Indonesian National Revolution, both Sukarno and Hatta were captured by the Dutch in Yogyakarta on 18th December 1948. Sukarno then gave mandate for Syarifuddin Prawiranegara to form an emergency Government[4]. This was done and the Emergency Government of the Republic of Indonesia (PDRI) was formed in Sumatra with Prawiranegara as its Chairman. Prawiranegara handed back his mandate to Sukarno on 13th July 1949[5]. On 17th December 1949, Sukarno was elected President of the Republic of the United States of Indonesia (RIS) and Presidential mandate passed to Asaat[6]. When it became clear that RIS was going to be replaced by a unitary state, Asaat stepped down from the Presidency and Sukarno once again became President on 15th August 1950.
Indonesia now adopted the constitution that had been intended for RIS. Officially known as the Provisional Constitution, the document confirms the President's role as the Head of State and his duty to appoint a Prime Minister on the advice of formateurs[7]. Sukarno was never content with the role of ceremonial Head of State and did not like Parliamentary Democracy. The people were also not happy with Parliamentary Democracy. Taking advantage of the situation, Sukarno made a speech in April 1959 and suggested that Indonesia return to the 1945 Constitution[8]. The People reacted enthusiastically and there was strong pressure on the Constituante, the body responsible for formulating a new constitution, to adopt the 1945 Constitution. When the Constituante did not budge, Sukarno issued a Presidential Decree on 5th July 1959 declaring that Indonesia was returning to the 1945 Constitution[8]. With that, Sukarno took back full power and also became the Head of the Government.
Although Indonesia had re-adopted the 1945 Constitution, it did not mean that it was strictly adhered to. The MPR, which at this stage was still on a provisional basis (MPRS), was subservient to the President despite its status of the Nation's highest Governing Body. It was only in 1966, when the political tide began to turn against Sukarno that the MPRS regained its rightful constitutional status.
All throughout his rise to power, General Suharto seemed determined to do things constitutionally and that determination seemed to continue when he became President in 1967. Suharto allowed the MPR to execute its constitutional duty of formulating the Broad Outlines of State Policy (GBHN) whilst he as the President would be responsible for implementing GBHN. Suharto also made it a Presidential obligation to deliver accountability speeches towards the end of his terms. During the speech, Suharto outlined the achievements that his administration had made and how those achievements had adhered to the GBHN set by the MPR. Despite the constitutional and democratic façade, Suharto made sure that the MPR was also subservient to him. In 1969, a law was passed that required appointments to the MPR to be made official by the President[9]. In doing so, Suharto established an environment where it would be easy for him to be re-elected.
Suharto fell from power in May 1998 and the Presidency experienced changes that was brought forth by Reformasi. Compared to Suharto, who had all of his accountability speeches accepted, BJ Habibie had his only accountability speech rejected. Abdurrahman Wahid then made history by being Indonesia's first democratically elected President because of the lack of unconstitutional manipulation evident in the Sukarno and Suharto Presidencies. He also became the first President who had to beat another candidate to be elected whereas Sukarno and Suharto were sole candidates. As a result of this, Wahid was also the first President to be elected through counting votes instead of by acclamation. On the other side of the coin, Wahid ended his Presidency by being impeached by the MPR, a clear sign that the Presidency is now subservient to the MPR.
During the 2001 MPR Annual Session, it was finally decided that from 2004 onwards, the President will directly be elected by the people[10]. In 2004 Susilo Bambang Yudhoyono became Indonesia's first directly elected President.
Kamis, 19 Maret 2009
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