Scholars join opposition to constitutional amendment<\/p>\n
Kurniawan Hari, The Jakarta Post, Jakarta<\/p>\n
A group of scholars have urged the People's Consultative Assembly
\n(MPR) to stop the current process of constitutional amendment,
\narguing that the series of amendments implemented by the ad hoc
\ncommittee for amendment of the Constitution (PAH I) had been out
\nof proportion.<\/p>\n
\"In order to avoid constitutional problems in our
\nadministrative system, we would urge Assembly members to stop the
\ncurrent amendment process,\" said the scholars' spokesman,
\nSadjarwo, during a meeting with House deputy speaker Soetardjo
\nSoerjogoeritno here on Monday.<\/p>\n
The scholars included constitutional expert Sri Soemantri,
\nUsep Ranawijaya, Budi Harsono, A.S. Tambunan and Sri Mulyono
\nHerlambang.<\/p>\n
Pro-reform activists have also criticized the amendments
\nwhich, according to them, are full of political compromises among
\nthe big political parties.<\/p>\n
The activists have also called for the establishment of an
\nindependent commission to replace the ad hoc committee so as to
\nensure that constitutional amendments are free from the effects
\nof the power struggle among the country's elite.<\/p>\n
The call has been ignored as it has no legal foundation. Under
\nthe law as it stands, only MPR members have the right to amend
\nthe country's Constitution.<\/p>\n
Since January 2002, the 48 members of the ad hoc committee
\nhave been focusing on amending articles relating to religion,
\neducation, composition of the Assembly, and economic affairs.<\/p>\n
The fourth amendment was scheduled to be the last in a series
\nof amendments to the Constitution.<\/p>\n
The scholars pointed at the third amendment last year which,
\naccording to them, had altered the administrative system
\ninitiated by the founding fathers.<\/p>\n
The original version of Article 1 (2) of the 1945 Constitution
\nreads: \"Sovereignty resides with the people and is given effect
\nby the People's Consultative Assembly (MPR)\". The article was
\namended in October last year so as to now read as follows:
\n\"Sovereignty resides with the people and is given effect based on
\nthe Constitution.\"<\/p>\n
The scholars claimed that the amendment contradicted the
\npreamble of the 1945 Constitution which says that Indonesia
\nadopts \"democracy which is guided by the inner wisdom of
\nunanimity arising out of deliberation among representatives\".<\/p>\n
\"Legally, the amendment had caused confusion as regards the
\nform and sovereignty of the state. The principal difficulty was
\nthe that MPR no longer held the people's sovereignty,\" Sadjarwo
\nadded.<\/p>\n
A further impact of the amendment was that it negated the
\nexistence of the Unitary Republic of Indonesia, he added.<\/p>\n
The rejection by the scholars was surprising as the amendment
\nwas aimed to establishing a bicameral system in which the
\nAssembly would no longer be a permanent institution but rather
\nwould survive as a joint session of the House and the regional
\nrepresentatives' council (DPD), which is to be set up later.<\/p>\n
Soetardjo of the Indonesian Democratic Party of Struggle (PDI
\nPerjuangan) said he fully supported the concerns.<\/p>\n
Responding to the adverse comments, PAH I secretary Ali
\nMasykur Musa said the rejection had been caused by a
\nmisunderstanding.<\/p>\n
\"I think the committee has to clarify this issue. If it is not
\nthen I think that the people will think that their aspirations
\nare not being accommodated,\" Ali told the press.<\/p>\n
Ali, who also chairs the National Awakening Party (PKB)
\nfaction in the House, admitted that around 200 legislators had
\nalso urged the PAH I members to stop the amendment process.<\/p>\n
Ali, however, said that officially his committee had never
\nreceived any complaints from legislators in the House of
\nRepresentatives (DPR).<\/p>\n
He also invited any groups in the society to share their views
\non the amendment process.<\/p>\n
\"Now is the opportune time for the people to convey their
\nopinions to the Assembly,\" he added.<\/p>\n
Ali said that currently fellow legislators were collecting
\ninput from the public on the draft of the fourth amendment.<\/p>",
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