Constitutional changes raise debate<\/p>\n
JAKARTA (JP): The amendment to the 1945 Constitution being
\nprepared by the People's Consultative Assembly (MPR) adopts
\nnumerous new improvements compatible with the climate of reform,
\nbut several proposals are generating criticism and deep concern.<\/p>\n
Besides reconstructing out-of-date material and ambiguous
\nreferences that allow for misinterpretation, the Assembly's Ad
\nHoc Committee preparing the amendments also expect to insert at
\nleast two new articles on general elections and human rights.<\/p>\n
There is agreement from all factions in the committee that the
\nconstitution's preamble, believed to be the spirit of the nation,
\nneeds no changes.<\/p>\n
They also agreed not to amend articles on the House of
\nRepresentatives, general elections, ministers, regional
\nadministrations, State Audit Agency, the country's territory,
\ncitizenship and population, defense and security, economy and
\nsocial welfare, national flag, language, state symbol and
\nnational anthem.<\/p>\n
The committee chairman, Jacob Tobing, told The Jakarta Post
\nover the weekend that the preamble and the ten articles were
\nmaintained because their substance is still up to date and
\nrelevant.<\/p>\n
"Our concern is that the state institutions, especially the
\nlegislative body and the State Audit Agency were not empowered in
\nthe past, causing the absence of a check and balance which led to
\ncorruption," he said.<\/p>\n
Election<\/p>\n
Jacob, a member of the Indonesian Democratic Party of Struggle
\n(PDI Perjuangan) faction, conceded that factions in the committee
\nwere still divided over numerous crucial matters, especially the
\nstate's principles and sovereignty, the Assembly's functions and
\nrights, legislative functions at provincial and regency levels,
\npresidential and vice presidential elections and secession for a
\nvacated vice presidential position.<\/p>\n
One of the most crucial debates will be whether factions agree
\nto direct presidential elections.<\/p>\n
Initially the Golkar Party faction and several minority
\nfactions proposed direct presidential elections starting in 2004
\nwith the PDI Perjuangan faction consistently supporting the
\ncurrent system of presidential election by the Assembly.<\/p>\n
The issue came to the fore after strong lobbying from numerous
\nnon-governmental organizations for direct presidential elections.<\/p>\n
Golkar is believed to support a direct presidential election
\nbecause of its established network throughout the country.<\/p>\n
However, several observers noted that Golkar seems to have
\nchanged its position after some closed door lobbying from other
\nparties.<\/p>\n
Factions are also divided over the possible inclusion of
\nIslamic law (syariah), in some articles of the constitution,
\nwhich is being pushed by several Islamic-based parties.<\/p>\n
PDI Perjuangan, the Indonesian Military\/Police and the Love
\nthe Nation Democratic Party factions are among those who oppose
\nthe idea.<\/p>\n
Observers believe that the inclusion of Islamic law is aimed
\nat winning the sympathy of the predominantly Moslem voters.<\/p>\n
"But they seem not to be aware of the pluralist nature of the
\nnation. The nation's heterogeneity with its various ethnicities,
\nraces, religions and cultures must be accepted to maintain
\nnational integration," said Postdam Hutasoit of the PDI
\nPerjuangan faction.<\/p>\n
The amendment process itself has also sparked criticism from
\nexperts, observers and nongovernmental organizations which
\naccused the Assembly's Working Committee of failing to heed the
\npeople's aspirations.<\/p>\n
Constitutional expert Harun Alrasid from the University of
\nIndonesia, opposed the amendment, saying the Assembly has
\n"misunderstood" the constitution which regulates the Assembly's
\ntask to make a new constitution to replace the old one.<\/p>\n
"The Assembly could adopt a bigger part of the prevailing
\nconstitution's materials but they should construct a new
\nconstitution," Harun remarked.<\/p>\n
He also rued the issuance of numerous Assembly decrees and new
\ndraft decrees some of which he claimed were more powerful and
\nsome in violation of the constitution itself.<\/p>\n
"Seen from a constitutional point of view, these Assembly
\ndecrees have no legal basis, they should be revoked. All crucial
\nmatters that are not contained in the constitution should be
\ninserted as laws," he said.<\/p>\n
He proposed the establishment of an independent expert team to
\namend the constitution or to make a new constitution.<\/p>\n
Mochtar Pabottingi, a senior researcher from the Indonesian
\nInstitute of Sciences (LIPI), regretted that all factions at the
\nWorking Committee seem trapped in their own political interests
\nand ignored the national interests and the nation's future in
\nconstructing the amendment.<\/p>\n
He said the reform movement launched three years ago was aimed
\nnot only at empowering the legislative bodies but, mainly, at
\nupholding people's sovereignty.<\/p>\n
"In constructing the amendment, the Assembly should listen to
\nthe people's aspirations and not their parties' political
\ninterests," he said.<\/p>\n
Non-governmental organizations, law practitioners and
\nuniversities also criticized the Assembly since it was not
\ntransparent in its constitutional amendment deliberations.<\/p>\n
Many NGOs complained that all suggestions were left unheeded
\nwhile the deliberations themselves failed to invite all
\ncomponents of society to participate and give their thoughts and
\nideas.<\/p>\n
Legal activists Bambang Widjojanto lamented that the Assembly
\nhad no format or reference in amending the constitution and it
\nhas underestimated the capability of the public, including NGOs
\nand experts, by completely neglecting them.<\/p>\n
"The Assembly should set up or call for an independent state
\ncommission to amend the constitution to make the amendment free
\nfrom parties' political interests," he said. (rms)<\/p>",
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