Experts split on issue of constitution amendment<\/p>\n
JAKARTA (JP): Observers were divided yesterday over whether
\nIndonesia needs to amend the 1945 Constitution in order to
\nfacilitate democratization.<\/p>\n
During a seminar yesterday, constitutional law expert Harun
\nAlrasjid demanded that the new People's Consultative Assembly, to
\nbe inducted tomorrow, revise the constitution and cited the
\n\"violations to democracy it has caused\".<\/p>\n
The other speakers in the discussion were outgoing legislators
\nOka Mahendra and Sabam Sirait, and political observer Muhammad
\nA.S. Hikam.<\/p>\n
\"The 1945 Constitution is a provisional law by nature and it
\nassigns the Assembly with the primary task of endorsing a new
\nconstitution,\" Harun said.<\/p>\n
The Assembly, which holds a general session every five years,
\nhad not even formally adopted the 1945 Constitution since 1973,
\nhe said.<\/p>\n
The constitution, consisting of 37 simple articles, was
\nadopted by Indonesia's founding fathers the day after
\nindependence on Aug. 18, 1945. The country changed the
\nconstitution twice, in 1949 and 1950.<\/p>\n
In 1959, then president Sukarno decreed the reinstatement of
\nthe original 1945 Constitution after the body set up to create a
\nnew constitution failed in its task.<\/p>\n
The last article of the document says it is open to amendment
\nbut the government has always opposed campaigns for a revision.<\/p>\n
In 1985, the government passed the Referendum Law that
\nhighlights the need for a referendum to approve an amendment.<\/p>\n
The law virtually closes the door for revision because it
\nstipulates that the motion for amendment has to be supported by
\nat least two thirds of the Assembly members attending a session
\nto deliberate an amendment proposal.<\/p>\n
The Assembly is dominated by Golkar which has pledged not to
\nchange the constitution.<\/p>\n
Harun said the document contains many vague stipulations that
\nhave led to an interpretation which only favors the government.<\/p>\n
\"The constitution, for example, does not say anything about
\nthe election of House of Representatives legislators, allowing
\nthe government to enact a law that gives it an authority to
\nappoint legislators,\" he said.<\/p>\n
Both Oka and Hikam challenged Harun's view, saying that a new
\nconstitution would not guarantee significant political change.<\/p>\n
Golkar legislator Oka said democracy could be encouraged
\nwithout amending the constitution.<\/p>\n
\"Improved democracy will depend on the next Assembly, on
\nwhether it is willing to agree to some constitutional
\nconventions, including one that limits a president's tenure to
\nonly two five-year terms,\" he said.<\/p>\n
Hikam suggested that people, as well as the Assembly, offer
\n\"counter-interpretation\" of the constitution so as to better
\naccommodate people's aspirations.<\/p>\n
Political observer Fachry Ali shared Hikam's view, saying that
\nefforts to change the constitution appeared impossible.<\/p>\n
\"The upcoming general session of the Assembly will serve as
\nthe inauguration of a longtime political platform that is aimed
\nat maintaining the establishment,\" he said. \"But the public can
\nput pressure on the government to be more responsive to their
\ndemands.\"<\/p>\n
The seminar was jointly held by the Center for the Study of
\nDemocracy and Institute of Economic and Social Research,
\nEducation and Information (LPPPES).<\/p>\n
The 1,000 new members of the People's Consultative Assembly
\n(MPR) and House of Representatives (DPR) will convene next March
\nto elect a president and vice president and adopt the State
\nGuideline Policies. (amd)<\/p>",
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