Expert says laws inconsistent with Constitution needs review<\/p>\n
JAKARTA (JP): Legal expert Loebby Loqman called yesterday for
\na review of Indonesian laws that do not comply with the 1945
\nConstitution.<\/p>\n
Speaking in a discussion on the 1959 presidential decree that
\nrestored the country's first constitution, Loebby suggested that
\na judicial review board be set up to evaluate these laws.<\/p>\n
\"Are the existing laws in line with the constitution? Some say
\nthey are, some say are not,\" said Loebby. \"A special board is
\nneeded to do the evaluating so that people don't push for their
\npersonal interpretation of the laws.\"<\/p>\n
He said the government should not act as the sole interpreter
\nof the constitution, citing the danger of interference because of
\nits political interests.<\/p>\n
\"The government should implement the constitution properly.
\nBut you tell me, has it?\" he challenged the audience.<\/p>\n
Loebby, a professor at the University of Indonesia's Law
\nSchool, said he would prefer to see the review board attached to
\nthe Supreme Court, but added that he would still support the
\nboard if it was established as an independent body.<\/p>\n
The 1945 Constitution has 37 articles, much less than other
\nnational constitutions. Most of the articles state that day-to-
\nday regulation should be done by lower laws.<\/p>\n
The 1945 Constitution was enacted by the Committee for the
\nPreparation of Indonesia's Independence a day after Sukarno and
\nHatta proclaimed independence on Aug. 17, 1945.<\/p>\n
Although it only provides basic law, the constitution has
\nnever been amended. It was shelved between 1949 and 1959. On July
\n5, 1959, the late president Sukarno decreed a return to the 1945
\nConstitution.<\/p>\n
Experts have explained that because of its briefness, the 1945
\nConstitution is easily misinterpreted. Many have said that the
\nconstitution should be reviewed.<\/p>\n
Last February, government critic Sri Bintang Pamungkas made a
\ndraft amendment to the constitution.<\/p>\n
Loebby said Indonesia would be better off producing laws that
\nwere good for modern society rather than amend the constitution.<\/p>\n
The constitution can only be amended by the People's
\nConsultative Assembly (MPR) through a vote. A 1985 law declares
\nthat even if the assembly approved any amendments, they must be
\nput to referendum.<\/p>\n
\"The current assembly has agreed not to make any amendments
\nand I predict so will the next assembly,\" said Loebby.<\/p>\n
Lawyer Luhut M.P. Pangaribuan seconded Loebby's opinion that
\nthe board be attached to the Supreme Court. He told The Jakarta
\nPost in a separate interview that the Supreme Court should be
\nempowered to conduct judicial reviews of the constitution and
\nother laws.<\/p>\n
Yesterday's discussion was held by the Association of
\nIndonesian Catholic Students. All but one speaker failed to
\nattend with freedom fighter Roeslan Abdulgani among those absent.
\n(35)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/expert-says-laws-inconsistent-with-constitution-needs-review-1447893297",
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