Experts, activists push for constitutional commission<\/p>\n
Tertiani ZB Simanjuntak, The Jakarta Post, Jakarta<\/p>\n
Pressure from certain politicians to halt the amendment process
\nhas merely intensified efforts to form a constitutional
\ncommission, according to activists and constitutional law
\nexperts.<\/p>\n
Bambang Widjojanto of the Center for Electoral Reform (CETRO)
\nrevealed on Friday that efforts by members of the People's
\nConsultative Assembly (MPR) to foil the endorsement of the fourth
\nphase of the amendment to the 1945 Constitution would result in a
\ndeadlock.<\/p>\n
\"And if there is a deadlock, it will become more relevant to
\npush for the establishment of a constitutional commission to take
\nover the amendment process from the MPR,\" he remarked.<\/p>\n
Bambang, who is a member of the Coalition for A New
\nConstitution, was speaking to reporters on the sidelines of the
\nfifth roundtable discussion held by the coalition and experts on
\nthe structure and the mechanism of the proposed constitutional
\ncommission.<\/p>\n
The coalition suggested that the Assembly pass the amended
\n1945 Constitution and declare it as a transitional constitution
\nwith a Constitutional Court serving as a back up should problems
\narise due to the overlapping clauses in the amended Constitution,
\nhe explained.<\/p>\n
An article in the third amendment states that the
\nConstitutional Court serves to review the law and to resolve
\ndisputes among the various state institutions which were given by
\nthe Constitution.<\/p>\n
The coalition comprises noted experts such as political
\nobservers Mochtar Pabotinggi, Chusnul Mar'iyah, Afan Gaffar and
\nJ. Kristiadi; Supreme Court Justice Laica Marzuki; researcher
\nDaniel Dhakidae; legal experts Donald Rumokoy, Kamal Firdaus and
\nconstitutional law experts Daud Busro and Todung Mulya Lubis.<\/p>\n
The discussion was focused on producing a concrete proposal
\nfor an ideal constitution, its fundamental principles and the
\nmechanism that should be taken by such a commission should it
\nface difficulties in the deliberation.<\/p>\n
The members of the coalition discussed suggestions from
\nseveral politicians for the inclusion of legislators as members
\nof the constitutional commission to ensure a continuity in the
\namendment process.<\/p>\n
However, Daud Busro of Sriwijaya University in Palembang,
\nSouth Sumatra, insisted that the commission should only consist
\nof independent experts to avoid any political bargaining in the
\nprocess -- a major criticism of the current process.<\/p>\n
Many people, including several political parties, believe the
\nAssembly members, who are in the process of amending the 1945
\nConstitution have abandoned the spirit of reform due to a lack of
\nparticipation from the public, both in the gathering of general
\nopinions and in the publicizing of the articles to be amended.<\/p>\n
Todung, however, expressed doubt that political parties would
\nbe willing to grant full authority to the commission to draft a
\ncompletely new Constitution.<\/p>\n
\"We need a change of paradigm to give a soul to the
\nConstitution, to create one that people can declare as theirs,\"
\nsaid Todung.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/experts-activists-push-for-constitutional-commission-1447893297",
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"sponsor": "Okusi Associates",
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