Todung warns of constitutional vacuum<\/p>\n
Tiarma Siboro and Fabiola Desy Unidjaja, The Jakarta Post, Jakarta<\/p>\n
With just one day to go until the convening of the People's
\nConsultative Assembly Annual Session, noted legal practitioner
\nand human rights activist Todung Mulya Lubis warned of a possible
\nvacuum should the political parties not agree to proceed with the
\nconstitutional amendment process.<\/p>\n
He further warned that such a situation could allow the
\nIndonesian Military the opportunity to force the nation to
\nreinstate the unamended 1945 Constitution.<\/p>\n
According to Todung, the ongoing political guerrilla warfare
\nthe parties were waging could lead to a constitutional crisis and
\nthus pave the way for the military to force a return to the
\nunamended Constitution.<\/p>\n
Under the 1945 Constitution, which is a simple, uncomplicated
\ndocument, the military might hope to regain the power it held for
\nmore than three decades during the New Order era.<\/p>\n
Should a deadlock emerge during the Annual Session, it would
\nbe the latest in a series of reinstatements of the original 1945
\nConstitution due to failures to agree on a new or improved
\nconstitution.<\/p>\n
Under pressure from the powerful Army, founding president
\nSukarno issued a decree on July 5, 1959, restoring the 1945
\nConstitution. But ten years later, he was impeached by the
\nInterim People's Consultative Assembly (MPRS), leaving the door
\nopen for the Military under former president Soeharto.<\/p>\n
Ikrar Nusa Bhakti, a political analyst from the Indonesian
\nInstitute of Sciences (LIPI), concurred and said the political
\nelite should unanimously endorse the fourth batch of amendments
\nafter the synchronization of all of the chapters to be amended.<\/p>\n
He called on all factions in the Assembly to accept the
\nproposed new set-up for the MPR so as to rid the legislative
\nsystem of non-elected members.<\/p>\n
Under the proposed bicameral legislative system, the Assembly
\nwould consist of the House and a Regional Representatives Council
\nwhose members would be elected via general elections, he
\nexplained.<\/p>\n
Ikrar said that the proposed new legislative system was in
\nline with the political bills currently being deliberated by the
\nHouse, which envisaged the phasing out of non-elected seats for
\nthe military and the National Police in the House. Instead,
\nmembers of the military and police would have the franchise
\nrestored but would be required to leave their respective forces
\nshould they wish to enter politics.<\/p>\n
Both the military and the police have opposed the bills,
\nsaying that they still needed until 2009 to get out of the MPR.<\/p>\n
There was a possibility that the nation could witness a repeat
\nof its past constitutional history as TNI Commander Gen.
\nEndriartono Sutarto signaled on Tuesday that the military would
\nsupport President Megawati should she decide to issue a decree
\nliked the one her father issued reinstating the original 1945
\nConstitution.<\/p>\n
Meanwhile, the major factions appear to be still at odds over
\nmany of the more controversial changes contained in the fourth
\nraft of constitutional amendments.<\/p>\n
The Golkar Party and the Indonesian Democratic Party of
\nStruggle (PDI Perjuangan) are still divided over the Assembly's
\ncomposition and, maybe, the possibility of a second run-off round
\nin direct presidential elections. Meanwhile, the National
\nAwakening Party is set to oppose the amendments in the absence of
\nan independent constitutional commission.<\/p>\n
Furthermore, the minority Islamic parties are still trying to
\nhave the Jakarta Charter on sharia inserted in Chapter 29 of the
\nConstitution.<\/p>\n
The PDI Perjuangan is also divided internally over the
\nconstitutional amendment process with a group of its legislators
\nsupporting the military's suggested return to the unamended
\nConstitution.<\/p>\n
Meanwhile, Arifin Panigoro, chairman of the PDI Perjuangan
\nfaction in the Assembly, brushed aside a possible deadlock as his
\nfaction had no more problems with the fourth batch of amendments
\nand was ready to endorse them during the Annual Session.<\/p>\n
\"We are not going to reject the last three amendments. Just
\nbecause we disagree with certain articles doesn't mean that we
\nwant to return to the original form of the Constitution,\" Arifin
\nsaid.<\/p>\n
He underlined that the party would only want to see the
\noriginal form of articles being used in the case of certain
\ncontentious ones, such as article 29 on religion.<\/p>\n
Arifin admitted that there were dissenting opinions inside the
\nparty regarding the amendment process but said these would not
\nstop the party from endorsing the amended Constitution.<\/p>\n
Vice President Hamzah Haz ruled out a possible deadlock,
\nsaying there would be no vacuum or transitional constitution.<\/p>\n
\"We have only two choices: To accept the amendments or restore
\ncrucial articles to their original form,\" said Hamzah, who is
\nalso chairman of the United Development Party (PPP).<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/todung-warns-of-constitutional-vacuum-1447893297",
"image": ""
},
"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
}