Constitutional crisis looms<\/p>\n
The way things look, Indonesia is slowly but almost surely
\nheading toward a constitutional crisis. And not unexpectedly, for
\na nation whose leaders are notorious for their lack of any sense
\nof crisis, few people seem to know or seem.<\/p>\n
The present row over the constitutional amendment process has
\nexposed a wide gap between political parties, so much so that it
\nis almost certain they will not reach a consensus in time for the
\nannual meeting of the People's Consultative Assembly (MPR) in
\nAugust. The MPR's failure to endorse the proposed amendments, in
\nturn, will jeopardize the general election scheduled for 2004.<\/p>\n
With the elections just two years away, the MPR has been
\nunable to agree on many aspects of the polls, which are supposed
\nto turn Indonesia into a more democratic country. While there is
\na consensus on a direct presidential election, the political
\nparties are divided over the format of the election. And while
\nthey have agreed on a combination of the district and
\nproportional representative systems, they differ on the exact
\nmix.<\/p>\n
Then there are disagreements over the future of the MPR
\nitself, with plans to introduce a bicameral system and questions
\nover the future of the interest group faction. All of these
\nissues are contained in the Fourth Amendment package that is
\nmeant to be brought before the MPR for endorsement in August.<\/p>\n
But the gulf is so wide, and may still be widening, that a
\nconsensus by August looks to be a remote possibility. The debate
\nbetween the major players in the constitutional amendment process
\nhas even shifted away from the substance of the amendments to the
\nquestion of whether the process itself should continue.<\/p>\n
The debate has also shown that the political parties, in whose
\nhands rests the fate of the 1945 Constitution, and therefore the
\nfuture of this nation, are approaching the matter with an eye on
\nthe 2004 elections. They are acting more in the interest of their
\nparties than in the interest of the nation. Even if the MPR
\nreaches a consensus, we know it will be the result of political
\nhorse-trading among major players to keep power for themselves.<\/p>\n
Delays in amending the Constitution's articles on elections
\nhave raised concern that the 2004 general election could be put
\nback.<\/p>\n
The government, wary of the prospect of a deadlock, has taken
\nthe initiative of drafting new legislation on elections and
\npolitical parties even before the constitutional amendment
\nprocess is completed. The bills will be submitted to the House of
\nRepresentatives in May or June. It is uncertain whether the bills
\nwere drafted on the basis of the existing Constitution, or on the
\namended version as perceived by the government.<\/p>\n
At the risk of being forced to redraft the bills to
\naccommodate eventual changes to the Constitution, if and when it
\nis amended, the government argues that it needs to prepare early.
\nVoter registration and other election-related affairs are time-
\nconsuming and should begin as early as possible if they are to be
\ncompleted in time for 2004.<\/p>\n
Indonesia now faces three possible scenarios in 2004: the
\nelections will not take place; the elections will be held using
\nthe old 1999 laws; the elections will take place using new laws
\nbased on the amended Constitution, which is bound to be flawed
\nbecause it is the outcome of political horse-trading.<\/p>\n
But any way you look at it, political reform, the goal of this
\nwhole exercise in amending the basic laws of the country, will
\nnot be served. Even if Indonesia survives a constitutional
\ncrisis, we know reforms will continue to move at a snail's pace
\nat best, thanks to a bunch of self-centered politicians whose
\nonly concern is their personal power and where they will be in
\n2004.<\/p>\n
Maybe if our politicians realized that they were plunging the
\ncountry deeper and deeper into a constitutional crisis, they
\ncould see their way clear to establishing an independent
\ncommission to amend the Constitution.<\/p>\n
The group currently in charge of the constitutional
\namendments, the MPR's Ad Hoc Committee I, whose members are drawn
\nfrom the political factions in the Assembly, is wrought with
\nvested interests, with each faction wanting to make sure that it
\nstands the best chance of winning the 2004 elections. They, of
\nall people, are the last people or organization we should entrust
\nwith the honorable task of amending the Constitution, and thus
\ndeciding our future.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/constitutional-crisis-looms-1447893297",
"image": ""
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"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
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