An alternative idea for change<\/p>\n
It has been a common phenomenon in developing countries --
\nnotably those which have been ruled by heartless tyrants -- to
\nexperience a constitutional crisis. But for Indonesia, which has
\nhad its own democratic system for 46 years, the reality is more a
\ncase of tragic irony.<\/p>\n
It is an inarguable fact that every time a dictator seized
\npower, they claimed to be a true champion of democracy. Sukarno
\nintroduced \"Guided Democracy\", and Soeharto, a less-educated,
\nmilitary schooled and ruthless despot, called his system
\n\"Pancasila Democracy\".<\/p>\n
The two terms are actually euphemisms for the same system:
\ndictatorship. Soeharto claimed that he was the sole interpreter
\nof the Constitution and, during his three decades of rule, did
\nnot hesitate in crushing any party or individual harboring
\naspirations to amend the \"sacred document\".<\/p>\n
However, one thing is clear: by abusing the Constitution both
\ndictators managed to extend the duration and scope of their
\nexclusive rule, despite the document originally being intended
\nfor only temporary use.<\/p>\n
The constitution does, however, open the door for amendments
\nthrough the People's Consultative Assembly (MPR). And after
\nacknowledging the boisterous calls for constitutional amendment
\nemerging after Soeharto's political demise in 1998, the MPR set
\nup an Ad Hoc Committee in charge of the constitutional
\namendments.<\/p>\n
But while the Committee is still working, many people are
\npessimistic that it will produce a new and modern constitution
\nbecause the MPR, which is supposed to have the last say, lacks
\nthe people's trust. Many people do not fully trust the lawmakers
\nbecause of their lack of integrity and ubiquitous self-serving
\ninfluence.<\/p>\n
And the public are very much aware that the legislative group
\nmost supportive of the status quo is the Indonesian Democratic
\nParty of Struggle (PDI Perjuangan), which has the largest number
\nof representatives among the multitude of political parties that
\nemerged during the 1999 general election.<\/p>\n
Therefore, to draft the new constitution, this country needs a
\nnew independent body whose membership consists of provincial
\nrepresentatives and constitutional law experts. The sponsors of
\nthis new voice is a group of non-governmental organizations
\n(NGOs).<\/p>\n
President Megawati Soekarnoputri, in her recent state-of-the
\n-nation address, also endorsed the idea to set up a special
\ncommission for that purpose. However, without going into detail
\nabout the commission, the President suggested that important
\nvalues from the old 1945 Constitution, which are included in its
\nPreamble, should be included in the new document.<\/p>\n
Indeed, all reasonable ideas from the 1945 Constitution and
\nthe new ones put forward by the new commission -- or whatever its
\nname is -- should be important elements of a new constitution.
\nFurthermore, the draft should be written with such transparency
\nthat no party ever has an opportunity to abuse it.<\/p>\n
The NGOs have pointed to Thailand, which, in its effort to
\nheal the wounds left by repeated military dictatorships, has
\nachieved outstanding success in this area.<\/p>\n
The country's new constitution was drafted by people's
\nrepresentatives from each province, who worked together with
\nconstitutional law experts. The final product was later submitted
\nto the parliament, which had no authority to modify it. It could
\nonly accept or reject the draft. The new Thai constitution is the
\nproduct of this procedure and it has successfully fostered
\npolitical stability.<\/p>\n
Appraisal of Thailand's experience indicates that the system
\nis worthy of being implemented here. Possible challenges would
\ninclude the selection of commission members to represent all
\nprovinces, and the organization of a referendum should the MPR
\nreject the new draft. Last but not least, an enormous challenge
\nwould be working out how to make the MPR accept this new idea.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/an-alternative-idea-for-change-1447893297",
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"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
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