Amendment to Constitution sparks criticism from experts<\/p>\n
JAKARTA (JP): A noted constitutional expert has criticized the
\nongoing amendments being made by the People's Consultative
\nAssembly (MPR) to the 1945 Constitution, saying the Assembly
\nshould form a new Constitution based on the current situation.<\/p>\n
Harun Alrasid, a professor of law at the University of
\nIndonesia, maintained that the Assembly had few legal reasons and
\nrecommendations to amend the Constitution.<\/p>\n
He further maintained that the task of the Assembly was "to
\nmake" constitutions.<\/p>\n
"Over the last 40 years, we have never had a new constitution
\nother than the 1945 Constitution, which was designed in
\naccordance with the political situation in 1945," he said on
\nThursday during a seminar on constitutional reform at the Centre
\nfor Strategic and International Studies.<\/p>\n
Harun said the present Assembly had misunderstood the
\nConstitution because in accordance with the original
\nconstitution, its main task was not to amend it but to make a new
\none.<\/p>\n
He surmised that the Assembly had not taken steps to make a
\nnew constitution because its members were incapable. He proposed
\nthat the government set up an expert team to design a new draft
\nconstitution that would be submitted to the Assembly to endorse.<\/p>\n
"Indonesia can learn from constitutional reform in the
\nPhilippines. (Former) president Cory Aquino, who succeeded in
\ntoppling Marcos' authoritarian regime through a popular revolt,
\nset up an expert team to make a new constitution," he said.<\/p>\n
Harun also questioned the numerous past and new Assembly
\ndecrees, part of which he alleged were contradictory,
\nunconstitutional and violated the law.<\/p>\n
"Because of this many Assembly decrees have raised confusion
\namong the people," he said.<\/p>\n
He cited an example where the Constitution stipulates the
\npresident's five-year term of office. However, Assembly Decree
\nNo. 3, issued in 1978, allows the Assembly to recommend a special
\nsession "to impeach" him.<\/p>\n
"The country would remain chaotic if we had a new president
\nannually," he said.<\/p>\n
Emotional<\/p>\n
Mochtar Pabottingi, a senior researcher from the Indonesian
\nInstitute of Sciences (LIPI), deplored the emotional tone
\nhighlighting the constitutional amendment process where all
\nfactions at the Assembly seemed to be fighting for their own
\ninterests.<\/p>\n
"All factions should conduct the amendments in a friendly and
\ntransparent atmosphere for the sake of the nation, and above
\ntheir own interests," he said.<\/p>\n
He criticized recent voting by the Assembly's Ad Hoc committee
\nto decide whether the Constitution's preamble should be
\nmaintained or replaced with the Islamic-based Piagam Jakarta,
\nsaying the Assembly should respect and accept the numerous
\nreligions and ethnicities in the country.<\/p>\n
"The Assembly should be wise and selective on fundamental and
\nsensitive issues. They should know the fundamental substance that
\nshould be maintained and other matters that could be decided
\nthrough voting," he said.<\/p>\n
He also regretted the presence of appointed military and
\npolice representatives dealing with the constitutional
\namendments, saying they were not representing the people but
\ncertain minority groups in society, namely the Indonesian
\nMilitary (TNI) and the National Police.<\/p>\n
Asked to comment on the government's much-criticized
\nperformance, Mochtar said President Abdurrahman Wahid's policies
\nand vision were on the right path to uphold democracy.<\/p>\n
"Compared to the last two presidents, Gus Dur's efforts to
\nuphold democracy and human rights should win the people's
\nsupport," he said, referring to the President's popular name and
\nadding that all components of the nation, including the House of
\nRepresentatives and the Assembly, should be held responsible for
\nthe stagnant economy and political instability.<\/p>\n
Nevertheless, he also supported calls for the Assembly to
\npress the government to make necessary corrections and changes in
\nthe government to defuse the crisis. (rms)<\/p>",
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