Analysts point at pitfalls in Constitution<\/p>\n
The Jakarta Post, Jakarta<\/p>\n
Although hailed as a milestone by the reform movement, the
\namended 1945 Constitution contained flaws that could lead to
\ncomplexity at elections, an overly powerful legal body and a weak
\nbicameral system, political analyst said on Thursday.<\/p>\n
Analysts praised last week's amendments to the Constitution as
\n\"surprisingly good\". A mix of public pressure and the MPR
\nlistening for a change gave the reform movement a legal umbrella,
\nthe analysts said.<\/p>\n
Yet they also highlighted shortcomings that, although not
\nfundamental, could present the nation problems.<\/p>\n
Rizal Mallarangeng of the Freedom Institute said direct
\npresidential elections were an example. Under the new
\nConstitution the presidential candidate with the most votes might
\nnot win the race after all.<\/p>\n
The Constitution requires a candidate to secure at least 51
\npercent of the votes nationwide and at least 20 percent of the
\nvotes in more than half of Indonesia's 30 provinces.<\/p>\n
Without a simple majority the election would take the best two
\ncandidates for a second round.<\/p>\n
Rizal said that a candidate leading the first round with 40
\npercent of the vote, for example, may end up loosing the second
\nround.<\/p>\n
He said that in 2004, President Megawati Soekarnoputri may
\nsecure more than 50 percent of the vote across 15 provinces. But
\nif she got less than 20 percent of the vote in the remaining
\nprovinces, she must proceed to the second round, Rizal explained.<\/p>\n
\"You then have to accept the fact that we must go on to the
\nsecond stage; and we must be prepared to lose at that stage,\"
\nRizal said during a discussion on politics held by the Center for
\nStrategic and International Studies (CSIS).<\/p>\n
He said the public should be informed about such scenarios to
\navoid unrest by disappointed supporters of presidential
\ncandidates.<\/p>\n
Another pitfall of the amended Constitution was the
\nConstitutional Court, Rizal added. He said the new court was
\nmeant to refer back to the Constitution when solving the
\ncountry's problems.<\/p>\n
But he warned the judges who made up the court could interfere
\nwith government policies to the extent that they become the ones
\ndeciding them.<\/p>\n
\"Megawati's government hasn't set up a social policy for the
\npoor, so that's unconstitutional. They (the Court) have a case to
\nat least inquire about it,\" he said.<\/p>\n
He said the Court might also view the privatization program as
\nviolating Article 33 of the Constitution and demand the program
\nbe scrapped.<\/p>\n
Article 33 requires the state control economic resources that
\nconcern public interests. The government is currently selling off
\nstate assets to plug a shortfall in its state budget, prompting
\ncriticism that vital assets are falling into private or foreign
\nhands.<\/p>\n
\"So whoever has the final word on what the Constitution means
\nlegally has the most amount of political power in their hands,\"
\nhe said.<\/p>\n
CSIS analyst Harry Tjan Silalahi pointed at another weakness,
\nsaying he was dubious about the Regional Representatives Council
\n(DPD).<\/p>\n
Based on the amended Constitution, the People's Consultative
\nAssembly (MPR) will, by 2004, consist of only elected members
\nunder a bicameral system, namely members of the House of
\nRepresentatives and the DPD.<\/p>\n
This would resemble representation in the United States where
\nthe Senate seats regional representatives and the Congress
\npolitical representatives.<\/p>\n
While members of the House could pass laws, they actually have
\nless political legitimacy than the regional council whose members
\nthe public elect individually, he added.<\/p>\n
But Harry said that unlike in the U.S., Indonesia's regional
\ncouncil lacked political clout, having no authority to pass laws.<\/p>\n
\"Their unclear function makes them weak representatives,\" he
\ntold participants.<\/p>",
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