Constitution needs reviewing<\/p>\n
An article by Romo Mangun (noted intellectual), Toward an all
\nbrand new Indonesia (Kompas, June 4, 1998)), can broaden our
\nhorizons of thought in that the 1945 Constitution is not absolute
\nand that it may be subject to revision. Historically speaking,
\nthe founding fathers of our nation intentionally made it very
\nflexible in view of the emergency then prevailing.<\/p>\n
Our fault is that we have seemingly sanctified the
\nConstitution. We have considered it a sort of God. Even
\nelementary school pupils are indoctrinated with the Constitution.
\nTinker with the 1945 Constitution, and you may end up being
\nlabeled a communist or suspected of harboring subversive ideas.<\/p>\n
In fact, the Constitution is open to improvement for the sake
\nof a better and more democratic life of the nation and the state.
\nArticles concerning human rights may be supplemented to the body
\nof the Constitution (In his dissertation, Adnan Buyung Nasution
\ndiscussed the fact that the 1945 Constitution contains fewer
\narticles on human rights than the Provisional 1950 Constitution).<\/p>\n
According to Romo Mangun, the 1945 Constitution enabled the
\ntwo former presidents to wield a very strong position. The
\nflexibility of the 1945 Constitution enabled president Sukarno to
\nbe an all-powerful president. Pak Harto could serve as a sole
\nruler for over 30 years also thanks to the flexibility of the
\n1945 Constitution. Therefore, Romo Mangun argues, as long as the
\n1945 Constitution serves as the framework of the activities of
\nthe Republic of Indonesia, the result will be just the same
\nwhoever is elected Indonesian president.<\/p>\n
The flexibility of the 1945 Constitution makes it easy for
\nanyone, particularly the powers that be, to interpret it to suit
\ntheir purpose. In his article, Romo Mangun takes as his example
\nparagraph 1 of Article 33 of the 1945 Constitution. \"The economy
\nmade up as a joint undertaking on the basis of the principle of
\ntogetherness\" can be easily and obviously interpreted and
\nvalidated as \"a collusive undertaking on the basis of the
\nprinciple of nepotism and cronyism\".<\/p>\n
Another example is that paragraph 3 of Article 33 has been
\ninterpreted in a way that brings suffering to the people. The
\nparagraph reads: \"Earth and water and the natural resources
\ncontained therein shall be controlled by the state and utilized
\nfor the maximum benefit of the people.\"<\/p>\n
Deviation from the stipulation in this paragraph is evident in
\nKalimantan. Forests have been divided into lots by the
\nbusinesspeople and the ruler. As the division of these forest
\nareas into lots is sophisticatedly conducted through a satellite,
\neven villages are included in this forest plotting as areas for
\noil palm estates. The traditional communal land titles of land
\nowned traditionally by villagers is not recognized.<\/p>\n
Rubber estates are said to be rubber forests while fruit trees
\nin orchards are said to grow by themselves out of dung. Local
\npeople are often persuaded to give up their estates to estate
\ncompanies. if they refuse they will be intimidated and accused of
\nopposing development. They have to surrender their land and their
\nestates in the interest of the public and the nation. \"Land is
\ncontrolled by the state.\" Refusing to surrender your piece of
\nland will mean going against the 1945 Constitution, particularly
\nparagraph 3 of Article 33.<\/p>\n
The use of this paragraph as self-justification has brought
\nplight to most Dayaks in the hinterland of Kalimantan. The
\npresence of forest concessionaires and oil palm estates have
\ndriven away the economic system of the Dayak people, which is a
\ncombination of rice cultivation without irrigation and rubber
\nplanting. The Dayaks are helpless against businessmen who are
\nhand in gloves with the ruler and use paragraph 3 of Article 33
\nas their means of self-justification. To the Dayaks, land
\nownership is legalized only on the basis of their customary law.
\nIn this respect, the 1945 Constitution is considered the be-all
\nand the end-all.<\/p>\n
AMON STEFANUS<\/p>\n
Ketapang, West Kalimantan<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/constitution-needs-reviewing-1447893297", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }