NGO forum seeks independent constitutional body<\/p>\n
Kurniawan Hari, The Jakarta Post, Jakarta<\/p>\n
A coalition of non-governmental organizations exhorted members of
\nthe People's Consultative Assembly (MPR) on Monday to set up an
\nindependent commission to draft a new constitution to avoid back
\ndoor dealings in the current amendments to the 1945 Constitution.<\/p>\n
\"We urge MPR members to create an independent constitutional
\ncommission to draft a new constitution,\" executive director of
\nthe Center for Electoral Reform (Cetro) Smita Notosusanto said in
\na press conference here on Monday.<\/p>\n
Cetro is one of 50 institutions grouped in the coalition of
\nnon-governmental organizations for a new constitution. Other
\nmembers include the Indonesian Legal Aid Foundation (YLBHI), and
\nthe Indonesian Forum for Environment (Walhi).<\/p>\n
The proposed constitutional commission, whose members would
\ncomprise of public figures and representatives of mass-based
\norganizations as well as scholars from around the country, would
\nbe given full authority to formulate a new constitution. The
\ndraft of the new constitution would be submitted to the MPR for
\nfinal approval.<\/p>\n
According to the coalition, the 1945 Constitution should be
\namended but MPR members, authorized to amend the constitution,
\nhave no idea how to carry it out.<\/p>\n
Smita emphasized the fact that some groups were trying to
\nblock the amendment process.<\/p>\n
She was referring to moves by Amin Aryoso of the Indonesian
\nDemocratic Party of Struggle (PDI Perjuangan) and the Forum for
\nConstitutional Studies (FKIK) headed by veteran scholar Usep
\nRanawijaya.<\/p>\n
Claiming that the current amendment process had deviated from
\nits original course, Aryoso and Usep demanded that the amendments
\nbe stopped.<\/p>\n
\"The rejection has been caused by the absence of a clear
\nparadigm as well as transparency in the amendment process,\" Smita
\nadded.<\/p>\n
The coalition also warned of rising opposition to the
\nconstitutional amendment by military-sanctioned groups.<\/p>\n
Noted lawyer Todung Mulya Lubis said in the same press
\nconference that rejection of the amendment was an indication of
\nthe revival of the authoritarian regime.<\/p>\n
Todung emphasized that the outcome of the completed amendments
\nin the past three years had shown that the ad hoc committee
\nlacked a clear concept.<\/p>\n
\"We can no longer entrust the amendment process to the ad hoc
\ncommittee. The amendment process has so far been conducted
\npartially by the elite circle,\" Todung added.<\/p>\n
He pointed to the amendment of article 7B that gives the
\nauthority to a constitutional court to give a legal opinion
\nconcerning a request from the House of Representatives (DPR), for
\nexample, to impeach the president.<\/p>\n
However, approval of the opinion of the constitutional court
\n-- an institution to be set up later -- could only come into
\neffect if it is first approved by at least three-fourths of the
\nAssembly members.<\/p>\n
\"This clearly shows that there is no clear separation of power
\nin the amendment process,\" Todung charged.<\/p>\n
On a separate occasion, chairman of the ad hoc committee Jacob
\nTobing of PDI Perjuangan and committee member Baharuddin
\nAritonang of Golkar insisted that they would continue the
\namendment process.<\/p>\n
Aritonang said the amendment was mandated in an Assembly
\ndecree issued last year. \"Such a proposition to set up a
\ncommission is all right. But we have the legal basis to work on
\nthe amendment,\" he said.<\/p>\n
Political analyst J. Kristiadi of the Centre for Strategic and
\nInternational Studies (CSIS) said the reform process would not
\nprevail if the Assembly maintained its strong authority.<\/p>\n
Human rights lawyer Bambang Widjojanto said the lack of clear
\nconcept had drawn the ad hoc committee into simply focusing on
\nunsubstantial \"line by line\" debates.<\/p>\n
\"It's ridiculous to formulate an amendment without a concept,\"
\nhe said.<\/p>\n
Marwan Mas of Hasanuddin University in Makassar, South
\nSulawesi, regretted that the amendment had given more authority
\nto the legislature to deal with the affairs of the executive
\nbranch of government, such as the appointment of envoys.<\/p>\n
Mukti Fadjar of Brawijaya University in Malang, East Java,
\nsaid that the amendments should lead to a new constitution with a
\nnew paradigm.<\/p>\n
Mukti added that the new constitution should adopt more
\ndemocratic values and need no interpretation by the readers.<\/p>",
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