Constitution needs change: Experts<\/p>\n
JAKARTA (JP): The nation needs to amend the 1945 Constitution
\nto enable the establishment of effective power checks and
\nbalances and the protection of citizens' rights, analysts
\nconcluded on Thursday.<\/p>\n
In a discussion held by the Center for Information and
\nDevelopment Studies titled "1945 Constitution Amendments Toward a
\nNew Democratic Indonesia", legal experts argued the nation would
\nbe prey to dictatorial leadership if the constitution remained
\nunchanged.<\/p>\n
They agreed the executive-heavy constitution had led to power
\nabuses by the president during the past 30 years, with neither
\nthe House of Representatives (DPR) or the Supreme Court able to
\ncurb presidential dominance.<\/p>\n
Speaking were law professors Laica Marzuki of Hasanuddin
\nUniversity in South Sulawesi, Ujungpandang, Mohammad Mahfud of
\nIndonesian Islamic University and Muchsan from Gadjah Mada
\nUniversity, both located in Yogyakarta.<\/p>\n
"It's a disaster for this nation to allow the constitution to
\ngive the president too much power, as both the head of state and
\nthe government... because power tends to corrupt," Laica told
\nthe discussion, moderated by political scientist Indria Samego.<\/p>\n
"The president is so powerful he could just leave a bill
\ndeliberated and passed by the House unsigned," Mahfud said,
\nreferring to the broadcast bill which former president Soeharto
\nrefused to pass into law in 1997.<\/p>\n
Muchsan said: "There must be a distribution and balance of
\npower... a kind of checks and balances system".<\/p>\n
The three also agreed that House empowerment required
\namendments to the constitution.<\/p>\n
"No longer needed is the People's Consultative Assembly (MPR),
\nbecause it's confusing. Just the DPR, as the people's sovereignty
\n(as power holder) will do," Muchsan said.<\/p>\n
After the election, the MPR will consist of 700 members, 462
\nwhom will be elected. The nonelected MPR legislators comprise 38
\nIndonesian Military (TNI) members, 65 representatives of interest
\ngroups as well as 135 provincial representatives.<\/p>\n
Mahfud suggested the constitution stipulate that all
\nlegislators be elected.<\/p>\n
Participants also targeted articles regulating the Supreme
\nCourt, which they said should be equipped with judicial review
\npowers.<\/p>\n
"Without this (power), the constitution will enable judicial
\ncrimes to continue," Laica said, referring to laws which opened
\nthe way to corrupt and collusive practices.<\/p>\n
Currently, a MPR decree effectively bars the Supreme Court
\nfrom reviewing laws, which are mostly sponsored by the
\ngovernment.<\/p>\n
Mahfud suggested the amendment ensure a rigid separation of
\njudicial powers from the executive power.<\/p>\n
Criticism over the country's judicial system, known for its
\nimpartial stance, stemmed from the fact that judges are
\nconsidered members of the bureaucracy, due to their status as
\ncivil servants. According to the law, the courts are
\nadministratively and financially under the Ministry of Justice.<\/p>\n
The Supreme Advisory Board (DPA) also came under scrutiny.
\nParticipants said the article ordaining the establishment of the
\nDPA should be dropped, because the board was a "useless" state
\ninstitution and a burden for the state budget.<\/p>\n
"The President could just hire experts to advise him, instead
\nof consulting the DPA," Laica suggested.<\/p>\n
On the powerful executive institution, the experts agreed the
\nconstitution should scrap the words: "to be regulated later by
\nlaws", because the expression was a loophole for presidential
\ncontrol.<\/p>\n
Also raised in the forum was the need for a direct
\npresidential election and restriction of the presidential term.<\/p>\n
Noted lawyer Adnan Buyung Nasution concluded the session,
\nwarning that civil society may have to confront the military in
\nany effort to amend the constitution.<\/p>\n
"The military regard the constitution as its dogma and
\nideology," he said. (aan)<\/p>",
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