Constitution needs total reform<\/p>\n
Noted lawyer Todung Mulya Lubis has suggested a top-level
\nmeeting to radically reform the 1945 Constitution, once and for
\nall, to lift the nation out of its present crisis.<\/p>\n
Question: Maladies including political bickering and economic
\ninstability have dogged this country for three years now and
\nthere is very little sign that things will get better soon. How
\ndo you view this situation?<\/p>\n
Answer: The People's Consultative Assembly (MPR), the
\nPresident and the Supreme Court (MA) should sit down together to
\nform a new constitutional reform commission. This commission
\nshould study the aspirations of the whole of society. What we
\nneed is not merely an amendment of the Constitution but its total
\nreform.<\/p>\n
We have lost a crucial two-year period (after Soeharto quit in
\nMay 1998) and thereby the momentum for reform. Having lost the
\nmomentum, we cannot do without radical constitutional reform.<\/p>\n
Views have been aired by various parties on how to stem the
\ncrisis, such as the need to change the President...<\/p>\n
The country's ailment cannot simply be remedied by changing
\nthe President, or by holding early elections, or by handing Gus
\nDur (President Abdurrahman Wahid) the second censure. What we
\nneed is a fundamental change in our Constitution.<\/p>\n
Haven't there been efforts to reform the legal system such as
\nthe amendment of the Constitution or the drafting of the new
\nregulation on corruption?<\/p>\n
That's right, but the amendment of the Constitution, the first
\namendment and the second, have all been tarnished by narrow
\npolitical interests. In what direction will they take this
\nnation?<\/p>\n
The same goes with the draft of the three political laws --
\nthe elections law, the law on political parties and the law on
\nthe composition and structure of the MPR and DPR (the
\nlegislature).<\/p>\n
Reading the draft one can immediately discern an absence of a
\nparadigm in the constitutional amendment process and in their
\nconcept of amendment.<\/p>\n
Ditto the new corruption law recommended recently by the
\nPresident. This law will contradict MPR Decree No. 3\/2000, and
\nonly demonstrates the incompatibility between the MPR and the
\nexecutive.<\/p>\n
What about the existing reform commission?<\/p>\n
The erstwhile constitution reform commission set up by the
\nPresident and headed by the respected lawyer, Harun Alrasyid,
\nseems to have no clear concept either.<\/p>\n
What we can do, actually, is to learn from neighboring
\ncountries. The Philippines, under then president Corazon Aquino,
\nfor example, managed to reform its Constitution known as the
\nhuman rights Constitution. Thailand has also done so ... Its
\n"people's Constitution" has strong checks and balances and it
\ntook them one year to reform it, they went around the country to
\ntap the aspirations of all elements of society including
\npoliticians, intellectuals, NGOs, the grassroots, and members of
\nthe media. In Indonesia, we have yet to show our seriousness in
\nreforming the Constitution.<\/p>\n
When you said the MPR, the President and the MA should sit
\ntogether to conceptualize radical constitutional reform, who
\nshould initiate this synergy?<\/p>\n
Ideally, it should be a collective initiative by top leaders.
\nCertainly, there should be a push from civil society to compel
\nthem to hold something like a law summit meeting, to initiate
\nwhat can be termed a historical truce and benchmark.<\/p>\n
When should these top leaders convene at the latest?<\/p>\n
This August, although I have reservations on whether we can
\nsustain these difficult conditions over the next four months.<\/p>\n
Nevertheless, if we fail to start fundamental change in our
\nlife as a nation we will lose public trust. What is at stake in
\nAugust is, not only the annual or special convention of the MPR
\nto reach a new political compromise or a new Constitution, but
\nalso the necessity to mark a new historical milestone by avoiding
\nself-imposed political destruction and by taking steps to rebuild
\nan orderly life of the nation.<\/p>\n
Do you see any silver linings?<\/p>\n
The fact that small and middle-scale businesses are still
\nrunning give us hope. Also, the substantial increase of our
\nforeign exchange and the drafting of the new corruption law
\nreflects some good trends and intentions, although there are some
\nlegal problems involved in the latter.<\/p>\n
Having said so, all these have yet to contribute to political
\nstability, which appears to remain a distant reality at the
\nmoment. (hbk)<\/p>",
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