The halfway reform<\/p>\n
The People's Consultative Assembly (MPR) must be commended for
\ncompleting the constitutional amendment process at the just-ended
\nAnnual Session by relying largely on consensus rather than votes.
\nPutting aside for a moment the substance of the amendments, we
\nmust pay tribute to the 695 Assembly members, particularly their
\nleaders, for showing us that Pancasila-style consensual democracy
\nis still very much alive in this country.<\/p>\n
The MPR members have shown us that most political differences
\ncan still be resolved through deliberation and consensus. Of
\ncourse, there is absolutely nothing wrong with the use of a vote
\nas another democratic way of settling conflicts. But if
\ndifferences can be ironed out through debate, then why put them
\nto a vote?<\/p>\n
No doubt some horses were traded between the political
\nfactions, particularly the ones with the most clout, on the way
\nto reaching a compromise. We will probably be hearing about what
\nexactly these factions compromised or gave up in the near future.
\nBut for the moment, let us simply rejoice at the MPR's
\nachievement in making the nation a little more democratic by
\nenacting the fourth set of constitutional amendments.<\/p>\n
This fourth batch of amendments are the last in a series of
\nchanges the current MPR has made to the 1945 Constitution. When
\nthese Assembly members were elected (or appointed as the case may
\nbe for some) in 1999, one of their chief tasks was to amend the
\ncountry's basic laws. The consensus then was that the 1945
\nConstitution was too vague a document, allowing authoritarian
\nleaders to exploit the Constitution's weaknesses to serve their
\nown political interests. It is no coincidence that two successive
\ndictators ruled this nation for the first 50 years of its
\nindependence, until 1998.<\/p>\n
The constitutional amendments enacted by the MPR since 1999
\nare not perfect by any measure. For many people, they are still
\nfar from the ideal that would put Indonesia on a path toward a
\nprosperous modern state under democratic civilian rule. But the
\npresent basic law is certainly much better than the original 1945
\nConstitution in ensuring that power-mad dictators will no longer
\nrule the nation. At the very least, the amended 1945 Constitution
\nhas stripped away some of the powers of the president and of the
\nMPR, and restored them to their rightful owners: the people.<\/p>\n
The fourth set of amendments should theoretically pave the way
\nfor the nation to organize the next general election in 2004,
\nusing a new system that is much more democratic than the one used
\nin 1999. One of the more salient points in the Constitution after
\nfour series of amendments is that the people will be electing the
\npresident and vice president directly in 2004, taking that
\nprivilege out of the hands of the MPR.<\/p>\n
Another major point is the introduction of a bicameral system
\ncomprising the House of Representatives and the Regional
\nRepresentative Council, which together will make up the MPR. This
\namendment effectively eliminates the presence of nonelected
\nrepresentatives in either chamber.<\/p>\n
Whatever reservations people may have about the way the 1945
\nConstitution was amended, nobody can deny that this is still a
\nbetter document than the original text. Thankfully, there were
\nenough reasonable people in the MPR who were willing to fight to
\nensure the completion of the amendment process last week. When
\nthe Annual Session began on Aug. 1, there were fears that some
\nMPR members would deadlock the amendment process, leading the
\nnation into a constitutional crisis and forcing a return to the
\ndictator-friendly 1945 Constitution.<\/p>\n
Realizing the shortcomings and imperfections of the four
\nseries of amendments, the MPR has also wisely approved the
\nestablishment of a new constitutional commission, which will be
\ntasked with reviewing the whole process.<\/p>\n
The biggest drawback of the four series of amendments is that
\nthey were enacted with little public participation, and therefore
\nreflect more the interests of the major political factions in
\nsecuring their places after 2004. Nevertheless, with the
\ncompletion of the amendment process by the MPR, the battleground
\nfor constitutional change will shift to the commission once it is
\nestablished.<\/p>\n
But let us hope (for this remains unclear) that the nation
\nwill be able to organize the elections in 2004 based on the
\nexisting text of the basic law, without having to wait for the
\noutcome of the debate in the new constitutional commission.<\/p>\n
The fourth amendment process has paved the way for more
\ndemocratic elections in 2004, but there is still plenty of work
\nto do between now and then. The House will still have to prepare
\nvarious legislations to accommodate the changes made to the
\nConstitution, including a law on general elections, a law on
\npolitical parties, a law on presidential elections and a law on
\nthe composition of the MPR.<\/p>\n
Then there are the logistical aspects, from the registration
\nof voters to preparations for counting the votes in 2004.<\/p>\n
Nobody said the road to democracy would be short and painless.
\nWhen this nation opted for reform rather than revolution, we
\nchose the longer but more certain road to democracy and
\nprosperity. Today, with the MPR having completed the
\nconstitutional amendment process, we are probably only halfway
\nthere. There is still a long way to go, and the road is bound to
\nbe filled with many more obstacles.<\/p>\n
The struggle for reform is not over yet.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/the-halfway-reform-1447893297", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }