Commission scraps articles on press freedom, human rights<\/p>\n
Kurniawan Hari, The Jakarta Post, Jakarta<\/p>\n
Several articles on human rights, including one that guarantees
\nfreedom of the press, have been omitted from the draft of
\nconstitutional amendments prepared by the Constitutional
\nCommission.<\/p>\n
The commission also scrapped Article 28 (i) which protects
\nanyone from being charged under retroactive laws.<\/p>\n
A number of the commission members, however, expressed their
\nsurprise, after noting that the articles were still there on
\nFriday.<\/p>\n
Some of them called on Monday for a plenary session to push
\nfor the revival of those articles before the commission presents
\nits work to the People's Consultative Assembly (MPR) scheduled
\nfor May 6.<\/p>\n
\"The article on freedom of the press was taken out after it
\nwas discussed in the small team tasked with reconciling our
\namendments. I regret this,\" commission member Krisna Harahap said
\non the sidelines of a discussion on the draft revision of the
\nConstitution here.<\/p>\n
Krisna called on fellow commission members to fight for the
\ninclusion of the article on press freedom in the Constitution.<\/p>\n
If press freedom is constitutionally acknowledged, he said,
\nall laws and legislation which are regarded as detrimental to the
\npress must be revised.<\/p>\n
The small team comprised 10 members; Sri Soemantri, Albert
\nHasibuan, Neneng Fatimah, Sri Adiningsih, Ishak Latuconsina,
\nMaria Farida Indrati, Bunyamin Ramto, Jawahir Tantowi, Fajrul
\nFalaakh and Bahder Johan Nasution.<\/p>\n
Latuconsina said the team dropped the freedom of the press
\narticle because the Constitution only recognizes individual
\nrights.<\/p>\n
\"Freedom of the press is the right of an institution,
\ntherefore we cannot put it into the Constitution,\" he said.<\/p>\n
Leo Batubara, a member of the Press Council, could not conceal
\nhis disappointment over the omission and warned the press of a
\npossible increase in oppressive measures against it.<\/p>\n
Apart from disposing of press freedom, the commission also
\nproposed substantial revisions and editorial changes to the
\namendments made by the MPR between 1999 and 2003.<\/p>\n
The final say, however, will rest with the Assembly, which
\nformed the commission.<\/p>\n
It still is unclear as to which group of MPR legislators will
\ndeal with the commission's suggestions, as some Assembly members
\nsaid the work of the Constitutional Commission would be passed on
\nto the MPR members who were elected in the April 5 legislative
\nelection.<\/p>\n
Among the revisions proposed by the commission are the
\nreinstatement of consensus as the mandatory way of decision
\nmaking, instead of a democratic-style vote.<\/p>\n
The Constitution calls for a standard vote.<\/p>\n
The commission also proposed that amendments to the
\nConstitution be approved by the people via a national referendum.<\/p>\n
Draft revision to the amended Constitution
\n===============================================================
\n1. Article 3 (1) : Amendments need approval of the people<\/p>\n
through a national referendum.
\n2. Article 6A (2) : Independent presidential candidates are<\/p>\n
allowed to contest.
\n3. Article 6A (3) : A simple majority applies in presidential<\/p>\n
elections.
\n4. Article 16 : The President can form a national security<\/p>\n
council fo input on state<\/p>\n
security.
\n5. Article 18 (4) : Governors, regents, mayors will be elected<\/p>\n
through a direct election.
\n6. Article 20 (6) : If the President fails to sign any<\/p>\n
draft laws, the bills will be returned to<\/p>\n
the House of Representatives for further<\/p>\n
deliberation.
\n7. Article 20 (7) : If a bill is endorsed by 2\/3 of House<\/p>\n
members, the President is obligated to
\nsign it.
\n8. Article 22 : Government regulation in lieu of law can<\/p>\n
be revoked with the issuance of a law.
\n9. Article 25 a : The Prosecutor is a law enforcer that
\nexecutes<\/p>\n
the indictment
\n10. Article 33 (5) : The state promotes all economic producers<\/p>\n
equally and sustainably.
\n================================================================
\nSource: Constitutional Commission's final draft<\/p>",
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