Military, Police call for return to 1945 Constitution<\/p>\n
Tiarma Siboro, The Jakarta Post, Jakarta<\/p>\n
As the Annual Session of the People's Consultative Assembly (MPR)
\ndraws near, the Indonesian Military (TNI), along with the
\nNational Police, has maintained its opposition to the ongoing
\nconstitutional amendment process and is calling for a return to
\nthe (unamended) 1945 Constitution.<\/p>\n
TNI chief Gen. Endriartono Sutarto said on Tuesday that the
\namendment process had deviated from its original purpose and that
\n\"the TNI and the National Police will support any decision made
\nat the upcoming Annual Session, slated to run from Aug. 1 through
\nAug. 10, including the possibility of issuing a decree providing
\nfor the reinstatement of the 1945 Constitution if this was
\nconsidered the best choice for the country.\"<\/p>\n
Addressing a press conference with chief editors from local
\nand foreign media here on Tuesday, Endriartono supported the
\nproposed establishment of a Constitutional Commission, comprising
\nconstitutional law experts and non-political groups to take over
\nthe amendment process.<\/p>\n
\"Amending the 1945 Constitution should not be seen as an
\neffort to establish a new Constitution as there are some state
\nprinciples that cannot be changed radically, including the
\nconcept of the unitary Republic of Indonesia and the obligation
\nof the state to respect plurality among religious adherents.<\/p>\n
\"The ongoing amendment process has also involved politicians
\nwho are only interested in pursuing fixed and temporary political
\ninterests,\" the four-star general said.<\/p>\n
Accompanying him during the conference were, among others,
\nArmy Chief of Staff Gen. Ryamizard Ryacudu, Navy Chief of Staff
\nAdm. Bernard Kent Sondakh, Air Force Chief of Staff Marshall
\nChappy Hakim, and several high-ranking National Police officers.<\/p>\n
Endriartono suggested that the amended 1945 Constitution
\nshould be considered as a transitional constitution pending the
\nestablishment of a Constitutional Commission.<\/p>\n
The TNI's official position on the amendment process was
\ndisclosed to the public only days after the Nahdlatul Ulama (NU)
\n-- the country's largest Muslim organization -- revealed its
\nstance opposing the amendment of Article 29 of the 1945
\nConstitution and supporting direct presidential elections.<\/p>\n
The NU, as well as the TNI and the National Police, has also
\nsupported the adoption of a second round system for direct
\npresidential elections, but did not specify whether such an
\nelection should be held in 2004.<\/p>\n
If the current amendment process proceeds smoothly, the
\nTNI\/National Police factions will be scrapped from both the House
\nof Representatives and the Assembly in 2004.<\/p>\n
The TNI's stance was immediately criticized by constitutional
\nlaw expert Harun Alrasyid, who said that neither the TNI nor the
\nNational Police had the right to dictate what the Assembly should
\ndo as \"it is the state's highest institution.\"<\/p>\n
According to Harun, both the TNI and the National Police
\nshould stick to security and defense issues instead of
\ninterfering with the ongoing political process in the Assembly.<\/p>\n
\"As part of the executive power, the military and the police
\nare under the President. They should only follow orders issued by
\nthe President, and not dictate the Assembly's performance.<\/p>\n
\"They also should not influence the President to issue a
\ndecree should the amendment process become deadlocked due to
\npolitical differences among the parties,\" Harun told The Jakarta
\nPost.<\/p>\n
Under the administration of president Sukarno -- the country's
\nfounding President and also incumbent President Megawati
\nSoekarnoputri's father -- the military supported the issuance of
\na decree on July, 5, 1959, providing for a return to the 1945
\nConstitution.<\/p>\n
Many believe that this decision paved the way for the
\nauthoritarian rule of both Sukarno and his successor Soeharto.<\/p>\n
Harun, however, brushed aside the assumption, saying that \"It
\nwas the 1945 Constitution itself which contained the
\nauthoritarian rules. \"So, what we need is not an amended
\nconstitution, but rather a new constitution for this country.\"<\/p>",
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"sponsor": "Okusi Associates",
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