An outdated Constitution<\/p>\n
With pressure on the People's Consultative Assembly (MPR)
\nmounting to have its formulation of a draft amendment to the 1945
\nConstitution completed by August -- which is when the Assembly is
\nslated to meet for its annual session -- voices for and against
\nan amendment are once again being widely heard in various
\nsections of the Indonesian public. To put it briefly, the long-
\nstanding controversy over the document that is known as the 1945
\nConstitution revolves around the following:<\/p>\n
On one side of the divide are those who argue that, for all
\nits shortcomings, the 1945 Constitution has served the Indonesian
\nnation well throughout the 57 years of its existence. It is a
\n"safe" constitution in the sense that it pretty well accommodates
\nnearly all the aspirations and interests of the legion of groups
\nthat exist in society, although, of course, some things,
\nsometimes fundamental, are lost in the compromise process. One
\nmajor aspect of this process is the elimination from the final
\ndraft of what is known as the Jakarta Charter, which obliges
\nMuslims to obey the dictates of syariah (Islamic law), as
\ncontained in the Koran.<\/p>\n
On the other side are those who believe that the document is
\ntotally inadequate and incapable of serving as a foundation on
\nwhich a modern democratic society can be built. To wit, two
\nsuccessive regimes, the first being Sukarno's "guided democracy"
\nand the second, Soeharto's New Order", used it to establish an
\nalmost dictatorial grip on the nation. It is no coincidence that
\nboth easily hopped from reelection to reelection until disaster
\nforced both of them out of power.<\/p>\n
The document was decreed on August 18, 1945, just one day
\nafter Sukarno and Mohammad Hatta proclaimed Indonesia independent
\nfrom foreign rule. Indonesia, it should be remembered, was under
\nthe occupation of Japan's imperial forces, which had lost the
\nwar, and the return of the old Dutch colonial masters was
\nimminent. Given the urgency involved, the authors of the 1945
\nConstitution naturally had to work under immense pressure. The
\nend product was the 1945 Constitution, a basic document that
\nseeks, as far as was possible under the circumstances, to adapt
\nsome of the most fundamental of Indonesia's traditional values
\nsuch as that of musyawarah untuk mufakat (deliberation towards
\nconsensus) to modern usage.<\/p>\n
One of the document's many shortcomings is the absence of any
\nmention of human or civil rights, let alone the protection of
\nthem. A host of other shortcomings have since become apparent.
\nAmong other things, it makes it possible for those in power to
\nextend their hold on power indefinitely, using the 1945
\nConstitution and the state principle of Pancasila (the Five
\nPrinciples) that it contains as a pretext. The principle of
\nbalancing the executive and legislative branches of government
\nhas not worked out as was originally intended.<\/p>\n
What may be surprising, though, is that successive generations
\nof politicians have either failed or refused to amend the 1945
\nConstitution, despite the fact that the document explicitly
\nstates that it is of a temporary character and should, in time,
\nbe replaced by a permanent one. Ironically, though, it is the
\nsame document that makes this difficult to do. Even while stating
\nthat it is temporary, the 1945 Constitution places the supreme
\nauthority of law and policy making, including drafting and
\npassing a constitution, in the hands of the MPR.<\/p>\n
Ideally, of course, the drafting of a new constitution should
\nbe done by an independent commission, as was proposed by
\nPresident Megawati Soekarnoputri in her state-of-the-nation
\naddress last November. Since then, however, and not surprisingly,
\nthe idea has met with strong opposition from factions in this
\nsupreme state institution, where factional political interests
\nreign supreme. Under such circumstances, any new constitution or
\nconstitutional amendments must be adopted by the MPR to become
\nlaw.<\/p>\n
Be that as it may, it is of the greatest urgency that the
\ncontroversies over the constitutional amendments be cleared out
\nof the way quickly. Other laws of no lesser urgency, such as the
\none on political parties and one on the 2004 general elections,
\nare waiting for the muddle to be cleared before they can be
\ndebated and passed. Failing to amend the 1945 Constitution would
\nbe to undermine the process of reform to which this nation is
\ncommitted.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/an-outdated-constitution-1447893297",
"image": ""
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"sponsor": "Okusi Associates",
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