Constitutional commission 'is a must'<\/p>\n
Tertiani ZB Simanjuntak, The Jakarta Post, Jakarta<\/p>\n
Pressure increased on Wednesday for the establishment of a
\nconstitutional commission, with the Coalition for a New
\nConstitution joining calls for the commission to take over the
\namendment process from the People's Consultative Assembly (MPR),
\nwhich begins its Annual Session on Thursday.<\/p>\n
The coalition groups several organizations, including the
\nCenter for Electoral Reform (CETRO), the Jakarta Legal Aid
\nInstitute (LBH Jakarta), the Indonesian Forum for the Environment
\n(Walhi), the Women's Coalition, the Commission for National Law
\nReform (KRHN), and individuals, such as noted lawyer and human
\nrights advocate Todung Mulya Lubis.<\/p>\n
\"The process and results of the ongoing amendment to the
\nConstitution are in violation of the spirit of reform. A
\nconstitutional commission is a must and the Assembly has to
\nendorse it this year,\" coalition member Hadar N. Gumay of CETRO
\ntold a media conference.<\/p>\n
Paulus Mahulette of LBH Jakarta added that the coalition also
\nurged the Assembly to provide for the establishment of the
\ncommission by amending Article 37 of the 1945 Constitution and to
\ndeclare the amended Constitution as a transitional constitution.<\/p>\n
Should the Assembly meet the demands, the commission would be
\ntasked with drafting changes or the amendment to the Constitution
\nand even creating a new constitution for a year before handing it
\nover to the Assembly to be endorsed. If the Assembly rejects the
\ndraft, the coalition suggests it hold a referendum.<\/p>\n
The 10-day Annual Session will focus on the finalization of
\nseven articles in the fourth stage of the amendment. Many people
\nare doubtful the deliberation will not meet a deadlock,
\nsuspecting political horse-trading in the lobbies.<\/p>\n
Last year, the Assembly refused demands to amend Article 37 on
\nthe amendment to the Constitution.<\/p>\n
The Assembly started the amendment process in 1998 following
\nthe downfall of then president Soeharto, ignoring demands for an
\nindependent commission to amend the Constitution that many
\nbelieve was authoritarian.<\/p>\n
The 700-strong Assembly -- comprising politicians, regional
\nrepresentatives and interest groups -- is considered partial and
\nnot representative of the population.<\/p>\n
Coalition activists note that the Assembly's failure to
\ninvolve the public in the amendment process has resulted in a
\nConstitution that is no better than the original one.<\/p>\n
The Constitution gives excessive power to the executive and
\nfunctional groups, while the amended version simply shifts the
\noverriding authority to the legislative bodies, according to the
\nactivists.<\/p>\n
Starting a nationwide campaign in 2001, the coalition had
\nobtained support from the influential National Awakening Party
\n(PKB), the Golkar Party and the United Development Party (PPP).<\/p>\n
PKB has been pushing relentlessly for the presence of the
\ncommission since the 2001 Annual Session. PPP, on the other hand,
\nbelieves that a commission is not an urgent need and can wait
\nuntil 2004.<\/p>\n
The latest call for a constitutional commission came on
\nTuesday from the Indonesian Military (TNI) and the National
\nPolice, as well as intellectuals, researchers and student bodies.<\/p>\n
CETRO member Bambang Widjojanto, however, cast doubt over the
\ntrue intent of the proposal for the commission, saying he
\nsuspected \"a delaying tactic from the factions in the legislature
\nto halt the amendment in a bid to secure power\".<\/p>",
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