Expert calls for an overhaul of Constitution<\/p>\n
JAKARTA (JP): Leading constitutional law expert Harun Alrasid
\nyesterday called for an overhaul of the 1945 Constitution, which
\nhe said contains numerous shortcomings and elements antithetical
\nto a more democratic political life in Indonesia.<\/p>\n
In a discussion with legislators, human rights campaigners and
\nscholars, Harun identified several stipulations in the
\nConstitution, adopted by the country on August 18, 1945, which he
\nsaid cause imbalances in the distribution of power.<\/p>\n
Those provisos include the power granted to the President to
\nissue decrees which are superior to the law, the ability to
\n\"veto\" legislation enacted by the people's representatives, and
\nthe absence of presidential term limits.<\/p>\n
\"Many things (about it) worry me. The Constitution needs to be
\noverhauled,\" Harun said at the discussion, where lawyers Adnan
\nBuyung Nasution and Nursyahbani Katjasungkana were also present.<\/p>\n
\"In the United States, Congress can override the President's
\nveto. Here, if the President says no, there will be no law,\" he
\nsaid.<\/p>\n
Other participants in the gathering included National
\nCommission for Human Rights member Roekmini Koesoemoastoeti,
\nlegislator Oka Mahendra, politician Sri Bintang Pamungkas and
\njournalist Eros Djarot.<\/p>\n
To justify his suggestion, Harun said the very people who drew
\nup the Constitution mandated that it be reviewed periodically.
\nSince 1972, however, the People's Consultative Assembly (MPR),
\nwhich has the power to elect the President, has ignored this
\nresponsibility.<\/p>\n
He quoted the late first president Sukarno, who said in a
\nspeech to the members of the Committee for the Preparation for
\nIndonesia's Independence (PPKI) in 1945 that the \"Constitution is
\nonly a temporary one\".<\/p>\n
\"This is an instantaneous Constitution,\" Sukarno said. \"Later,
\nwhen we have a more peaceful state life, we'll assemble the MPR
\nto draw up a more complete and perfect Constitution.\"<\/p>\n
The understanding in society today, however, is that the
\nConstitution cannot be revised without somehow damaging the
\nfoundation of the state.<\/p>\n
New<\/p>\n
\"I don't mean to say that we should have a new Constitution,\"
\nHarun said. \"What's important is that the MPR set up a new
\nConstitution, which can also mean a revision of the old
\nConstitution. This is the obligation of the MPR.\"<\/p>\n
The gathering discussed at length various aspects in
\nIndonesia's constitutional laws and their implementation in
\ntoday's political life.<\/p>\n
The participants touched on the chapters 1 and 21 in the
\nConstitution which grant the President the power to establish
\nlaws and nullify bills initiated by the House of Representatives
\n(DPR).<\/p>\n
\"This means that the President has a very dominant power in
\ndetermining the dynamics of this nation,\" the Indonesian Legal
\nAid Foundation, which organized the event, stated during the
\ndiscourse.<\/p>\n
\"The dominant power of the President is the reverse of
\ndemocracy,\" the organizer added.<\/p>\n
The absence of presidential term limits also causes a
\nconcentration of power in the hands of one person, YLBHI stated.<\/p>\n
In addition, two chapters in the Constitution not only allow
\npresidential power to dominate but they encourage the President
\nto personify the laws, the organization said.<\/p>\n
Harun, however, said that strengthening the DPR was a better
\noption than \"reducing presidential power\".<\/p>\n
He pointed out that there are three kinds of power attached to
\nthe presidential seat: one which is based on the Constitution,
\none based on legislature, and one \"inherent\" in the position.<\/p>\n
The last power, he pointed out, enables the president to take
\nextra-legal measures in order to save the nation in an emergency
\nstate.<\/p>\n
Therefore, reducing the power of the President is not entirely
\nnecessary. \"It's more important for the DPR to enact its
\namendment rights,\" he said, after pointing out the passivity of
\nthe DPR in the face of the executive power.<\/p>\n
He also suggested that if there's one power to be revised, it
\nshould be the one which allows the President to establish decrees
\nwhich take precedence over the law.<\/p>\n
Harun is a professor at the University of Indonesia's Law
\nSchool. In July, during a ceremony marking his professorship, he
\nquestioned the possibility of having more than one presidential
\ncandidate in 1998.<\/p>\n
He said then that he wished to see more than one presidential
\ncandidate in the coming elections, but realized that it \"may be
\nnothing more than a beautiful dream\". (swe)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/expert-calls-for-an-overhaul-of-constitution-1447893297",
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