Not untouchable<\/p>\n
Many people criticize today's political system as being less
\nopen than what the authorities promised several years ago. They
\nnow want the freedom of expression guaranteed in the Constitution
\nto voice ideas on how to improve present conditions.<\/p>\n
Demands for openness are largely a reaction to a globalized
\ncommunity and economy as well as a reflection on Indonesia's 50th
\nanniversary, when many argued that today's conditions are not as
\nour founding fathers had planned in 1945. Efforts to modernize
\nhave brought on many negative effects which now need to be
\naddressed.<\/p>\n
Every Indonesian with an adequate sense of nationalism and
\ndemocratic ethics should respect openness and not view it as
\nincompatible with our system. The right to express opinions is,
\nafter all, guaranteed by the Constitution.<\/p>\n
One of the strongest ideas voiced recently is the demand for
\nthe 1945 Constitution to be amended because it contains numerous
\nshortcomings and elements antithetical to a more democratic
\npolitical life. Dr. Harun Alrasjid, the law professor from the
\nUniversity of Indonesia who put forward the idea, said the
\nproblem lies in three areas: the power the Constitution gives to
\nthe head of state to issue decrees which are superior to law; the
\npresident's ability to "veto" legislation enacted by legislators;
\nand the absence of presidential term limits.<\/p>\n
Criticizing the Constitution, let alone amending it, has been
\nunthinkable and taboo for the last thirty years. But such a
\nproposal deserves serious consideration given the Constitution's
\nweaknesses, which have been exploited for decades. Ironically,
\none of the main components of national stability is a growing
\ndemand for change, which should be considered from both legal and
\npolitical points of view.<\/p>\n
The Constitution is not a sacred document and was drafted by
\nhuman beings. It clearly stipulates that "it can be amended by
\nthe People's Consultative Assembly (MPR), the country's most
\nsupreme governing body which holds the people's sovereignty,
\nprovided it is done in a session attended by two-thirds of its
\nmembers and the vote for it is upheld by at least a two-third
\nmajority."<\/p>\n
The Constitution was drafted in an emergency situation right
\nbefore the collapse of the Japanese occupational authority here
\nand the impatience of the Indonesians to gain independence. That
\namendments should be necessary is not surprising.<\/p>\n
Sukarno, the chairman of the Committee for the Preparation of
\nIndonesian Independence, who later became the first president of
\nthe republic, immediately realized the shortcomings of the newly-
\ndrafted constitution. His words to the committee members then
\nstill ring clearly today: "This is an expeditious constitution.
\nThere will be a time when we have our independence and a
\ncondition in which we can think thoroughly. We will then surely
\ngather at the People's Consultative Assembly to decide a better
\nand more comprehensible Constitution."<\/p>\n
In the last three decades, anyone suggesting an overhaul of
\nthe Constitution could be accused of being a right-wing Islamic
\nfundamentalist fighting for theocracy in Indonesia. However, with
\nall political entities now basing their ideology on Pancasila,
\nthe accusation is rarely heard.<\/p>\n
The pendulum has swung to the center and the idea to revamp
\nthe Constitution should not be regarded as subversive. If the
\nConstitution is still deemed untouchable, then we must at least
\nwork to stamp out the factors that lead to violations of its
\nsanctity.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/not-untouchable-1447899208",
"image": ""
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"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
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