MPR members: It's time to awake from sleep!<\/p>\n
By Kusnanto Anggoro<\/p>\n
JAKARTA (JP): The Special Session of the People's Consultative
\nAssembly (MPR), which opened here on Nov. 10 and runs until Nov.
\n13, is doing everything but resolve the problems this country is
\nfacing. Many ideas and questions arising from the reform movement
\nare not being echoed in the MPR building and by weighing up the
\nprocedural elements of the event against its substantive outputs,
\none quickly becomes aware that the draft decisions to be issued
\nforth from the jamboree are no more than gimmicks.<\/p>\n
Democracy should be all-inclusive, yet participation in
\npreparations for the Special Session seem to have been the
\nexclusive right of those in favor of the status quo. The offer to
\ninclude reformist leaders such as Amien Rais, Megawati
\nSoekarnoputri and Abdurrahman Wahid was too little to late.<\/p>\n
There has only been very limited promotion of the agenda for
\nthe session and more than anything else, despite the appointment
\nof some new members, the spirit of Soeharto's order still appears
\nto be still alive and kicking in the MPR today.<\/p>\n
Questions of the Armed Forces' (ABRI) dual function
\n(dwifungsi) and Soeharto's accountability aside, there is a self-
\nevident anti-reform tendency in the current regime, hence the
\nwidespread anxiety and suspicion surrounding the session.<\/p>\n
Even to those who have accepted the Special Session without
\ninquiring into its legitimacy, the draft decisions which will be
\nmade seem to be insufficient to pave the way toward further
\ndemocratization.<\/p>\n
To a certain degree, it is pleasing to see a number of
\ncontentious issues on the agenda, including discussion of human
\nrights, reconsideration of ill-defined regional autonomy, a
\nlimitation to the number of terms a president can serve in office
\nand continued efforts to cure the systemic corruption in our
\npublic management. But, it will require a more open and public
\ndebate to arrive upon a consensus regarding the direction of the
\nreform movement, including democratization of the economy.<\/p>\n
Many agree that the spirit of the New Order has survived and
\nlingers over the session. Decisions which will be taken by the
\nAssembly are simply too conservative to open the door to
\ndemocratization.<\/p>\n
For example, consider the proposed change to the decision
\nmaking process in the MPR. No mention has been made of the
\ntransfer rights from the factions to individual members. Secret
\nballots, the pillar of democratic life, are nowhere mentioned in
\nthe proposals to be debated. Voting by a show of hands would be
\ntoo ugly for a civilized democracy.<\/p>\n
A free and competitive election is central to establishing
\ndemocratic polity. However, it is a pity that setting a date for
\na general election by June 1999 at the latest is the only aspect
\nof this whole procedure mentioned in the drafts now under debate.
\nThere is still no guarantee that a free and fair election next
\nyear will automatically accommodate the need to create a truly
\nrepresentative legislative branch of state power.<\/p>\n
The session's agenda seems to be part of a grand design to
\nbypass the ongoing controversy surrounding ABRI's presence in the
\nHouse of Representatives (DPR) and the military's role in
\npolitics. Regardless of whether one agrees or disagrees with the
\ndwifungsi, on the very principles of democracy there should be
\nmore discussion of the matter. Perhaps more importantly, a
\nrationale for next year's general election is lacking on the
\nagenda.<\/p>\n
The agenda should also include a draft ruling setting out the
\ngrounds for emergency elections -- a crucial point which
\ninterestingly enough is also untouched in the draft political
\nlaws being discussed in the current parliament.<\/p>\n
Limitation to the president's tenure in office is obviously
\nnecessary and scrapping the special rights granted to the
\npresident by the MPR in March 1998 is unavoidable. The Special
\nSession will address these points, but measures contained in the
\ndraft bills which it will debate are insufficient to create a
\nbalance between the executive, legislative and judicial branches
\nof state power.<\/p>\n
Not only should the Special Session redefine the relationship
\nbetween these branches, it should bestow the right of judicial
\nreview upon the Supreme Court and include wider scope to limit
\npresidential powers, including exercise of the prerogative rights
\noutlined in Articles 10, 12, 13, 14 and 22 of the 1945
\nConstitution. The process of nominating presidents and vice
\npresidents should also be subject to review and reform.<\/p>\n
Last but not least, it appears that political learning is not
\nin the air. The Assembly seems to have learned very little from
\nthe experience of May 21, when Soeharto handed power over to
\nPresident B.J. Habibie. Articles 7 and 8 of the 1945 Constitution
\nprovide an insufficient basis for a legitimate transfer of power
\nin this fashion and MPR decisions No. VII\/1973 and No. III\/1978,
\nwhich bear some relevance to the matter, are in fact
\ncontradictory.<\/p>\n
The current Special Session should therefore decide if the
\npresident must give his mandate back to the MPR or if it is
\nindeed legitimate to hand it directly to the vice president. It
\nmust also rule on whether the president should then be made
\naccountable to the MPR and whether the MPR must then pass
\napproval of the new president.<\/p>\n
By all accounts, the Assembly has yet to learn of the
\nimportance of creating a more democratic political system that is
\nconducive to a transparent process of policy making, opens the
\nway to accountable decision making and lays the ground for a
\nsustainable democracy.<\/p>\n
It will be very tenuous to claim that this Special Session has
\npassed any legitimate decisions, regardless of how well tailored
\nto the Constitution they may be. It has failed to absorb the
\naspirations of the people, particularly in its unwillingness to
\ndeclare the current government transitional in nature, and this
\nhas placed the country on a dangerous footing.<\/p>\n
Much remains to be done in the struggle for reform before the
\ncountry will be able to enjoy the benefits of greater democracy.
\nMembers of the MPR, please wake up. Reformists of Indonesia,
\nUnite! Between reform and revolution there exists an indissoluble
\ntie.<\/p>\n
The writer is a researcher at the Centre for Strategic and
\nInternational Studies and the Institute of Policy and Community
\nDevelopment Studies in Jakarta. This article was written in a
\npersonal capacity and the opinions expressed therein are entirely
\nhis own.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/mpr-members-its-time-to-awake-from-sleep-1447893297",
"image": ""
},
"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
}