Constitutional amendment eases central govt power<\/p>\n
JAKARTA (JP): The People's Consultative Assembly endorsed on
\nFriday the second constitutional amendment which significantly
\ngives more power to regional administrations and the House of
\nRepresentatives, but at the expense of the central government.<\/p>\n
Through the amendment, the Constitution recognizes the wider
\nautonomy of the provinces except for certain administrative
\naffairs which will remain in the government's hands. The
\nexception will be regulated further by the law.<\/p>\n
Article 18B (1) says the state acknowledges that certain
\nregional administrations by law deserve a special autonomy
\nstatus. This refers to the government's plan to give the special
\nautonomy status to the troubled but natural resource-rich
\nprovinces of Aceh and Irian Jaya by 2001.<\/p>\n
For the first time, the state admits the rights of tribal
\ncommunities in line with community development and without having
\nto violate the principle of the unitary state (Article 18B (2)).<\/p>\n
The Indonesian Democratic Party of Struggle (PDI Perjuangan)
\nearlier warned that the proposal could trigger regionalism and
\nseparatist movements.<\/p>\n
\"We should be more careful of the amendment, especially on
\nregional autonomy, to avoid federal demands or separatism,\" PDI
\nPerjuangan senior legislator Abdul Madjid told the Assembly's
\nCommission A for the amendment.<\/p>\n
However, the commission members unanimously approved the
\narticle on the grounds that it would instead strengthen the
\nunitary state and absorb the regional demands.<\/p>\n
The role of the central government, especially some of the
\nauthority of the president, is also reduced and given to the
\nHouse.<\/p>\n
Unlike in the past, the president has to endorse a bill passed
\nby the House. The bill will automatically take effect 30 days
\nafter the House approval, despite the absence of the president's
\nendorsement (Article 20).<\/p>\n
Flaws have marred the country's constitutional law over the
\npast three years.<\/p>\n
In the dying months of former president Soeharto's tenure in
\nlate 1997, a draft law on broadcasting was returned to the House
\nwhich had passed it. But up to now, the bill has never taken
\neffect.<\/p>\n
The state security bill, passed by the House in November 1998,
\nwas not approved by former president B.J. Habibie, who succeeded
\nSoeharto, until his term ended last October.<\/p>\n
The constitutional amendment also gives more power to the
\nHouse, as in its right to lodge interpellation motions, inquiries
\nand express opinions, which are explicitly stated in Article 20A
\n(2).<\/p>\n
Those rights were only previously stated in the House's
\ninternal rulings.<\/p>\n
The amendment was apparently aimed as a response to President
\nAbdurrahman Wahid, who had claimed that the rights were
\nunconstitutional and applied only in a parliamentarian system.<\/p>\n
The amendment also inserted new chapters and articles into the
\nConstitution, such as those relating to state territory and human
\nrights.<\/p>\n
Chapter XA on human rights, which consists of 10 articles, is
\none of the most significant changes to the Constitution.<\/p>\n
Also for the first time, the Constitution explicitly
\nrecognizes basic human rights as part of its main contents,
\nalthough in its preamble some of the rights are already
\nmentioned.<\/p>\n
But the chapter also incited controversy as it stipulates
\n\"freedom from charges of retroactive laws is a human right which
\ncannot not be changed in whatever condition\".<\/p>\n
The public, human rights activists in particular, have
\nexpressed fear that the article could foil efforts to take
\nperpetrators of past human rights abuses to justice.<\/p>\n
The proposal was suggested by the Indonesian Military
\n(TNI)\/Police faction during a closed synchronization meeting of
\nthe Assembly's ad hoc committee for constitutional amendments at
\nthe Sheraton Bandara Hotel at the end of July.<\/p>\n
Leading figure of the Commission for Missing Persons and
\nVictims of Violence (Kontras) Munir met Assembly Speaker Amien
\nRais recently and expressed his rejection of the article.<\/p>\n
\"Unfortunately, you come when the food has already been
\nserved,\" Amien told Munir.<\/p>\n
Criticism also came from inside the Assembly for its failure
\nto complete deliberations on all materials being prepared by the
\nworking committees.<\/p>\n
Golkar Party legislator Slamet Effendy Yusuf regretted that
\ncertain factions prolonged their deliberations and prevented the
\nAssembly from discussing all drafts of constitutional amendments.<\/p>\n
\"As I often said, a conservative force stays in the Assembly,
\nso we could not agree even on drafts which had been approved
\nearlier,\" Slamet, who is deputy chairman of Commission A, said on
\nFriday.<\/p>\n
Several proposals were not even discussed by Commission A,
\nincluding the direct presidential election system, the
\nestablishment of the regional representatives council, general
\nelections and the composition of the Assembly.<\/p>\n
However, the Assembly agreed on Friday that all the drafts
\nwould be discussed by the Assembly's ad hoc committee and might
\nbe approved by 2002 at the latest. (jun)<\/p>",
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