Scholars suggest permanent constitutional commission<\/p>\n
Fitri Wulandari and
\nTertiani ZB Simanjuntak
\nThe Jakarta Post
\nJakarta<\/p>\n
The alumni association of Gadjah Mada University (Kagama)
\nurged on Tuesday that the People's Consultative Assembly (MPR)
\ninsert a clause on the establishment of a constitutional
\ncommission in the draft amendment of Article 37 of the
\nConstitution to provide a strong legal basis for the commission.<\/p>\n
\"This is crucial to give a constitutional basis to the
\ncommission. The amended article will also provide a binding force
\nfor the government and the House of Representatives to form the
\ncommission,\" Kagama chairman Ichlasul Amal told a media briefing
\nat the MPR building.<\/p>\n
By inserting the clause on the commission in the draft, the
\ngovernment and the House of Representatives would be bound to
\nissue a regulation on the establishment of the commission as a
\npermanent body, Kagama said.<\/p>\n
According to Kagama, there are three means of setting up the
\ncommission: first, through the amendment of Article 37, second,
\nthrough a transitional regulation, and third through an MPR
\ndecree. The alumni association proposed that the MPR amend the
\narticle, which would require that the government and the House
\nissue a regulation on the commission. A commission established
\nbased on the regulation would have more power than one set up
\nunder a transitional regulation or an MPR decree.<\/p>\n
Ichlasul argued that an MPR decree did not have a strong legal
\nbasis because it could be revoked any time at any given Annual
\nSession.<\/p>\n
\"Moreover, according to Article 20 of the first amendment, the
\nHouse of Representatives (DPR) has replaced the MPR as the
\nsupreme lawmaking body,\" he explained.<\/p>\n
Chapters VII and VIIA of the second amendment state that the
\nMPR is no longer the supreme lawmaking body. The third amendment,
\nhowever, says that the MPR has the sole authority to form a
\nconstitutional commission and the commission would be placed
\nunder its jurisdiction.<\/p>\n
Ichlasul, a former Gadjah Mada rector, added that the amended
\nversion of Article 37 should also mention that the structure,
\nauthority, task and working mechanism of the commission would be
\nstipulated in a law.<\/p>\n
The factions in MPR have agreed to deliberate the
\nestablishment of the commission after finalizing the fourth
\namendment draft in the ongoing Annual Session, which will end on
\nSaturday.<\/p>\n
Up to this point, the debate on the ideal form of the
\ncommission has not arrived at a consensus. Activists, experts,
\nand the factions in the MPR each have different views on the form
\nand role of the commission.<\/p>\n
Experts and activists of the Coalition for A New Constitution
\nhave repeatedly stated that there is no reason to doubt the
\ncommission's ability to rewrite the Constitution as has been done
\nin other countries such as the Philippines, Thailand and South
\nAfrica.<\/p>\n
Vice President Hamzah Haz meanwhile said in his office that
\nthe commission would be assigned to make corrections to the
\namended Constitution and to absorb public aspirations.<\/p>\n
\"But the commission must not ignore the results of the four
\namendments to the Constitution,\" said Hamzah, who chairs the
\nUnited Development Party (PPP).<\/p>\n
Several candidates for commission leadership began to surface
\non Tuesday. A senior politician of the Indonesia Democratic Party
\nof Struggle (PDI Perjuangan), AP Batubara, suggested that the
\nbest candidate to lead the commission was Muslim scholar
\nNurcholish Madjid \"because of his progressive vision and strong
\ncommitment to the country's future\".<\/p>\n
He said that the PDI Perjuangan faction proposed that
\nmembership of the commission be restricted to academicians from
\nvarious schools who were not under the influence of politicians
\nand bureaucrats.<\/p>\n
Besides Nurcholish, Batubara also named constitutional law
\nexperts Usep Ranuwidjaja, Jimly Asshidiqie and M. Solly Lubis as
\npotential members of the commission.<\/p>",
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