Constitutional change needs referendum<\/p>\n
Kurniawan Hari, The Jakarta Post, Jakarta<\/p>\n
The Constitutional Commission has scrapped the authority of the
\nPeople's Consultative Assembly (MPR) to amend the Constitution,
\narguing that the MPR as an institution will no longer exist.<\/p>\n
"We have agreed to scrap the authority of the MPR (to amend
\nthe Constitution) because it will no longer be a permanent body,
\nbut a joint session between the House of Representatives and the
\nRegional Representatives Council," Commission deputy chairman
\nAlbert Hasibuan told The Jakarta Post on Tuesday.<\/p>\n
Under the proposal, amendments to the Constitution should be
\nmade through a national referendum and endorsed by a joint
\nsession of the House and the Regional Representatives Council
\n(DPD).<\/p>\n
The commission was established by the Assembly last year to
\nsynchronize changes to the 1945 Constitution, which, according to
\nexperts, were rife with short-term political interests.<\/p>\n
Any recommendations or changes to the Constitution, however,
\nwill still require approval from the Assembly in order to take
\neffect. Decisions made by the commission may be overturned by the
\nAssembly.<\/p>\n
Currently, only the Assembly has the authority to amend the
\nConstitution, allowing political interests to intervene in
\namendment attempts.<\/p>\n
Following the adoption of a bicameral system through a series
\nof constitutional amendments last year, the MPR, as it is now
\nknown, will be replaced by a joint session of the House and DPD,
\nthe Indonesian version of the United States Senate.<\/p>\n
Apart from reducing the authority of the MPR, the commission
\nis also proposing to cut the power of the newly established
\nConstitutional Court.<\/p>\n
Based on existing regulations, the court has the authority to
\nreview legislation that is against the spirit of the
\nConstitution, settle disputes between state institutions, resolve
\nelection disputes and dissolve political parties.<\/p>\n
The commission, however, propose to limit the authority of the
\nConstitutional Court to reviewing legislation and regulations,
\nwhile handing over other powers to the Supreme Court.<\/p>\n
"We are still debating this issue," Albert said.<\/p>\n
Surprisingly, the commission, which consists of 31 experts,
\nalso plans to scrap articles on human rights from the
\nConstitution and to propose an article to declare international
\nconventions as part of Indonesian legislation.<\/p>\n
The commission proposes to discard articles on human rights,
\nsaying that these overlap with others.<\/p>\n
While discarding these articles, the commission proposes a
\nsingle article to read: "The state protects and promotes human
\nrights and human liberty". International and regional conventions
\nwill take effect after being ratified by Indonesia.<\/p>\n
Albert, however, stated the proposal to discard articles on
\nhuman rights was still being debated by commission members.<\/p>\n
Changes proposed by the Constitutional Commission<\/p>\n
- Article 3 (1): MPR has the authority to amend the Constitution
\nafter a nationwide referendum.<\/p>\n
- Article 19 (2): The tenure of House members should be five
\nyears; they can be reelected for one more term only.<\/p>\n
- Article 22D (1): The DPD has the right to submit bills and
\ndeliberate the drafts with the House.<\/p>\n
- Article 24C (1): The Constitutional Court has the authority to
\nreview legislation that contravenes the Constitution.<\/p>\n
- Article 28A (1): The state protects and promotes human rights
\nand human liberty. International and regional conventions will be
\ntaken into effect after being ratified.<\/p>\n
Source: Constitutional Commission<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/constitutional-change-needs-referendum-1447893297", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }