Getting nation's reform back on track<\/p>\n
Todung Mulya Lubis, Lawyer, Jakarta<\/p>\n
History opened the door to democracy for this nation in 1945
\nwhen the founding fathers agreed to proclaim it as the Republic
\nof Indonesia. Despite heated debate on the form and system of
\ngovernment and the guarantee of human rights, the spirit to build
\ndemocracy was ablaze in their hearts.<\/p>\n
A reading of the report on the meeting of the drafting of the
\n1945 Constitution shows an amazingly strong spirit of democracy.
\nUnless a consensus could be achieved, the opinion gaining the
\nmajority of votes would be the opinion agreed upon.<\/p>\n
One of the drafters, Supomo, who did not quite agree to the
\nconcept of human rights, finally accepted its formulation in the
\nbody of the 1945 Constitution. He also accepted the 1949
\nConstitution and the 1950 Provisional Constitution, both laden
\nwith a guarantee of human rights.<\/p>\n
The date July 5, 1959 marked our entrance into \"guided
\ndemocracy,\" followed later by \"Pancasila democracy\". These two
\neras were an obvious negation of democracy. When democracy is
\nfollowed by an epithet, it loses its significance.<\/p>\n
Examples of how democracy had been negated are the appointment
\nof a life-long president, the appointment of members of the House
\nof Representatives, the disbanding of political parties, the ban
\non newspapers, the entry of the military into political parties,
\nthe floating mass and the application of the sole principle.
\nDespite these signs, our leaders have denied that Indonesia is
\nauthoritarian.<\/p>\n
An authoritarian government, however long, can never be able
\nto run well and effectively because power corrupts and, more
\nimportantly, it has no opposition. Hence, its power will decay
\nand eventually collapse.<\/p>\n
Following the demands for an overhaul of the political system,
\nthis transitional government must lay the foundation for a future
\ncharacterized by better democracy, participation and prosperity,
\nto be supported by law supremacy. To this end, a new Constitution
\nwould be the primary condition -- a new social contract between
\nthe people and the state.<\/p>\n
A group called the Forum for Democratic Reform has spelled out
\nseveral core issues in this necessary overhaul:<\/p>\n
o Constitutional and legislative reform in respect to the
\nlegislative and executive institutions, to support a democratic
\ntransition;<\/p>\n
o Regional autonomy to guarantee inclusive political
\nparticipation and effective public administration and the
\nimplementation of development throughout Indonesia;<\/p>\n
o Redefinition of the civilian-military relationship to ensure
\nthe supremacy of elected representative agencies;<\/p>\n
o Empowerment of civil society, either as watchdogs or as the
\nlocomotive of a democratic government;<\/p>\n
o Intensified active participation of women in politics and
\nsociety;<\/p>\n
o A discussion on fundamental gaps and restlessness in society
\nas a result of social economic tumult and inter-religious
\nsuspicion.<\/p>\n
The First, Second and Third Amendments to the 1945
\nConstitution are not ideal but, at least, the 1945 Constitution
\nis no longer held sacred. Several articles may be considered a
\nresponse to the demand for democracy; for example, Article 7 in
\nthe First Amendment, which reads: \"The President and the Vice
\nPresident will be in office for five years and later can be
\nreelected for the same office, but only for one term.\"<\/p>\n
Then Article 6A (1) of the Third Amendment formulates: \"The
\nPresident and the Vice President shall be, as a pair, directly
\nelected by the people.\"<\/p>\n
Admittedly, the ad hoc committee, which formulates the
\namendment to the 1945 Constitution, seems to have captured the
\ndemand for democracy. However, if these articles are linked with
\nother articles, we will see that the ongoing amendment to the
\nConstitution has yet to be accompanied by a clear foundation or
\nparadigm in Constitutional Law.<\/p>\n
These amendments have been introduced only in a patchy fashion
\nand many have been based on short-term political interests. The
\nchapter on human rights in the Second Amendment clearly shows a
\npolitical compromise to protect certain political interests.<\/p>\n
Articles on the impeachment process show that the drafters of
\nthe amendment do not realize the implication of these changes. It
\nis evident that many no longer trust the capability of the ad hoc
\ncommittee of the People's Consultative Assembly (MPR) to
\nundertake this amendment, especially because process-wise, these
\namendments have been made in an elitist, not participatory,
\nmechanism. An elitist process of amendment will fail to arouse
\npeople's sense of ownership.<\/p>\n
The demand that a Constitutional Commission be established is
\na demand not merely intended to avoid a political horse trade and
\nthe lack of clarity of the Constitutional Law paradigm among
\nmembers of the ad hoc committee, but because every new
\nConstitution needs a process that involves the public. In short,
\na new Constitution will need public support. That's why, in
\nThailand, South Africa and the Philippines, for example, the
\npeople were intensively involved.<\/p>\n
In Thailand, members of its constitution commission were
\nelected to represent each province and they worked with a number
\nof experts in formulating the framework and the content of the
\nnew constitution. This process took place ceaselessly with a
\nmedium of communication understood by the people and not in an
\nesoteric language.<\/p>\n
The Thai constitutional commission worked for 240 days and
\ndespite this relatively short period, the commission could come
\nup with a very comprehensive new constitution with over 300
\narticles regulating not only the executive, legislative and
\njudicial institutions, but also human rights, the general
\nelection commission, the human rights commission, the ombudsman,
\nthe anti-corruption commission, the state audit agency and many
\nother things.<\/p>\n
The comprehensive nature of this new Constitution is expected
\nto prevent constitutional devoid, a condition which will require
\nan interpretation from the Supreme Court.<\/p>\n
The above article is adapted from the writer's presentation
\nat ...<\/p>",
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