A new constitution, not legislators' own interests<\/p>\n
Ati Nurbaiti, Staff Writer, The Jakarta Post, Jakarta<\/p>\n
On the heels of the war of words on seeking a better
\nconstitution, President Megawati Soekarnoputri's statement last
\nWednesday was a bit of a surprise.<\/p>\n
She reiterated the need for an independent constitution
\ncommission -- and also raised the need of public consultation and
\neven the possibility of a referendum as a last resort.<\/p>\n
\"Whether it means that we need a referendum or whatever you
\nlike to call it (to establish an independent constitutional
\ncommission), we must comply with the principle of respecting the
\npeople's rights,\" Megawati said.<\/p>\n
All this came amid public exasperation particularly at her own
\nparty, the Indonesian Democratic Party of Struggle (PDI
\nPerjuangan) which has largely displayed reluctance to let the
\namendment process be conducted outside the legislature. Megawati
\nand PDI Perjuangan have also been seen to betray public support
\nthrough a number of other unpopular policies.<\/p>\n
Political deals sought between major and minor parties, all
\nwith an eye on the 2004 elections, has led to much skepticism
\nover whether any good can come out of next month's Annual Session
\nof the People's Consultative Assembly (MPR).<\/p>\n
Many fear the waste of funds, disbelieving that the Assembly
\nwill adopt any meaningful amendments to the 1945 Constitution,
\nwhich among other things, should pave the way for more democratic
\nelections.<\/p>\n
Megawati's statement was in her address to close three days of
\ntalks on the 1945 Constitution in Yogyakarta, held from July 8 to
\nJuly 10 to raise awareness ahead of next month's session.
\nOrganizers from the alumni body of the University of Gadjah Mada
\nsaid although the talks might be belated, the continuous efforts
\nfrom the public would hopefully remind politicians that it was
\nnot only their short-term interests at stake.<\/p>\n
The days leading up to the Annual Session of the MPR will show
\nwhether Megawati's statement this time matches the steps of her
\nparty -- even though the statement was calculated to recoup some
\nof the lost sympathy. Despite two earlier statements on the need
\nof an independent commission Megawati herself has not been known
\nto chide contrasting attitudes expressed by her party members on
\nthe issue.<\/p>\n
Students therefore protested against their campus being
\n\"sold\", saying the efforts of the academic community should not
\nhave been given to Megawati, in light of frequent \"betrayal\" of
\nPDI Perjuangan against demands of the reform movement.<\/p>\n
Legal experts, political researchers, historians and human
\nrights workers who gathered in last week's seminar and workshop
\nhowever take a different stance -- at least for now.<\/p>\n
They are working together to try to influence the government
\nand legislators through both the preparation of an alternative
\nconstitution draft and also preparations to gain public support
\nfor an independent constitution commission. Megawati's statement
\nseems to reflect a small degree of success with this strategy.<\/p>\n
Addressing the forum, political scientist Mochtar Pabottingi
\nof the Indonesian Institute of Sciences said that given the
\nthreat of a deadlock of the amendment process, \"I urge that we
\nadopt contrasting attitudes.\"<\/p>\n
Despite all its severe shortcomings the validity of the
\nresults of the legislature's committee (PAH I) working on the
\namendment must be accepted, he said.<\/p>\n
\"But (this acceptance) must be followed by a grueling struggle
\nto revamp (the results), by first giving it a framework of
\ndemocratic rationality.\"<\/p>\n
In general the committee has accepted the idea of a new
\nconstitution drafted by an independent committee, scholars told
\nThe Jakarta Post.<\/p>\n
The encouraging sign is brought on by admittance of the lack
\nof expertise, one of the scholars requesting anonymity said.
\nMochtar however reiterated allegations of deliberate maneuvering
\nfor \"myopic\" interests which \"violate the people's sovereignty\".<\/p>\n
Former director of the Indonesian Legal Aid Office, Bambang
\nWijoyanto, who also addressed the forum, told the Post that the
\nwork on drawing up an alternative constitution is well under way.
\nHe is active in the Coalition of Non-Government Organizations for
\na New Constitution which has worked on the constitution for
\nseveral months, building on earlier drafts by private groups,
\nwhich have been largely ignored by legislators.<\/p>\n
The Coalition of 62 groups has recently expanded to include
\nindividual scholars who were also speakers at UGM, including
\nMochtar and Gadjah Mada University law lecturer Denny Indrayana.<\/p>\n
For the sake of a common goal, scholars are setting aside
\ndifferences -- such as whether the opening of the Constitution
\nmay be changed. Their aim: That a new constitution be drawn up by
\nan independent commission.<\/p>\n
Hence the seminar's recommendation that the current fourth
\namendment process should stop, to be replaced by only a review of
\nthe earlier amendments which were \"irrational\" and inconsistent.
\nBut PAH I representatives said they are doing both. It is in such
\nanticipation of legislators wanting to do everything despite
\npublic distrust that the academics are preparing their own review
\nof the first three amendments; a draft for a new constitution,
\nand a campaign to get enough public support for an independent
\ncommission.<\/p>\n
A new constitution, Mochtar said, should aim against repeating
\nthe shortcomings of the earlier one, which founding fathers
\nthemselves said was a \"war time\" Constitution. Made worse by the
\nevil trap woven by Soeharto, he said, the Constitution was
\n\"unconstitutional\" given, among others, its delegation of
\nauthority to lesser ranking laws; its \"obsession\" with ideology
\nand religion in contrast to \"the lack of attention on the need of
\ncreativity\" regarding political institutions.<\/p>\n
Academics and activists are also encouraged by the experience
\nof other developing countries which have overhauled their
\nconstitution, which are deemed no longer suitable after the World
\nWar II emergency period, when many had newly gained independence.<\/p>\n
\"Must we lag behind Bangladesh?\" remarked Bambang, who had
\ncited some of the experiences among 153 countries which revamped
\ntheir constitution in the 1990s.<\/p>\n
The signs of encouragement are small while the odds remain
\ngreat; while experts of different hues huddle over stacks of
\ndrafts the politicians meet in lavish venues over their own
\ndeals. In return for a chunky 92 votes of abstentions from PDI
\nPerjuangan, for instance, which saved Golkar chairman Akbar
\nTandjung from a special inquiry committee on his alleged
\ncorruption, the former party now expects Golkar to back it up on
\nrefraining from criticizing Megawati's annual report.<\/p>\n
The taboo on even discussing constitution change is far
\nbehind; now the focus is how to get legislators to listen to
\nmounting public resentment of their self-serving ways.<\/p>",
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