Writing TNI into Constitution 'goes too far'<\/p>\n
The People's Consultative Assembly (MPR) is formulating a
\nconstitutional amendment in its ongoing session that will allow
\nrepresentation of the military and the police force. Lawyer
\nTodung Mulya Lubis looks at the possible impact of the amendment.<\/p>\n
Question: The wording of the amendment proposal is to allow
\ncertain groups who do not have voting rights in general elections
\nsome representation in the Assembly. Is this still in line with
\naspirations for reform?<\/p>\n
Answer: I think the MPR's ad hoc committee assigned to
\nformulate amendments to the 1945 Constitution has gone too far. I
\ndo agree that the Constitution must be amended but amendments
\nmust be gradual. However, the committee seems to be over-
\nambitious and has ignored important things.<\/p>\n
A proposed amendment that will allow the representation of the
\nTNI and the police in the MPR under the Constitution, for
\nexample, contradicts public aspirations, who want the MPR to be
\nfree from unelected representatives, either from the TNI, the
\npolice force or social groups, by 2004.<\/p>\n
If we are really committed to democratization, all MPR members
\nmust be elected and the Assembly's membership should no longer
\ninvolve appointed representatives.<\/p>\n
Q: How could MPR members make a proposal obviously contradicting
\nsuch aspirations?<\/p>\n
A: It seems that MPR members are trapped in internal politicking,
\nso that they are forced to make compromises. We previously hoped
\nthat MPR members, including those involved in ad hoc committees,
\nwould formulate reformist constitutional amendments.
\nUnfortunately, pro-reform members are apparently forced to
\naccommodate political conflicts by making compromises.<\/p>\n
Q: Can you give some examples?<\/p>\n
A: One is that some parties have proposed the establishment of a
\nbicameral MPR, consisting of a council for people's
\nrepresentatives and another for regional representatives, to
\ndevelop a healthy mechanism of checks and balances between the
\ngovernment and the legislators.<\/p>\n
This proposal will allow the direct election of a president by
\nthe people (an issue campaigned by Todung and his colleagues of
\nthe Center for Electoral Reform - Ed.). Unfortunately, this idea
\nhas been sabotaged by some factions who want to retain the MPR's
\nsupremacy.<\/p>\n
Another example is that some MPR factions, who are not
\nsatisfied with the performance of President Abdurrahman Wahid,
\nwant to make him merely head of state and reduce his function as
\nhead of government. Under the presidential system that we follow,
\nit is impossible for us to separate the president from the
\ngovernment. I'm afraid that MPR members who do not really
\nunderstand the legal consequences of the Constitution will
\njeopardize our constitutional system merely because they are
\npolitically unsatisfied with the performance of the President.<\/p>\n
Is it wise to trust the MPR members and to allow them to make
\na wide range of amendments without consultation with parties
\noutside the Assembly?<\/p>\n
I have changed my mind. Previously, I tended to give ad hoc
\ncommittee members a chance to amend articles of the Constitution
\nbut now we have to reconsider whether it is necessary to curb
\ntheir ambitions.<\/p>\n
Q: What can be expected from the proposed compromise that will
\ninclude the representation of the TNI and the police force in the
\nConstitution?<\/p>\n
A: It seems that their proposed legitimate representation in the
\nMPR is aimed at easing friction among factions with different
\ninterests. Such a belief may have been influenced by fears of
\npossible conflicts between Muslims and followers of other
\nreligions, particularly after severe public debates on whether it
\nis necessary to amend Article 29 on religion of the Constitution.<\/p>\n
Q: Does the proposal indicate that the military wants to return
\nto power again?<\/p>\n
A: I think they will not go that far. What can be learned is that
\nthe military wants to retain its participation in politics.<\/p>\n
Q: Will the proposal, if passed by the MPR, trigger public
\noutrage, particularly students whose large-scale demonstrations
\nforced president Soeharto to step down in May 1998?<\/p>\n
A: The MPR's approval will encourage public protests and erode
\ntheir trust in political parties which, they think, have betrayed
\nthem at the time when President Abdurrahman has shown his favor
\nfor civil supremacy.<\/p>\n
As a result, the economic crisis, which has been going on for
\nthree years, will worsen again and the democratization will see a
\nsetback.<\/p>\n
Q: Aren't there any parties trying to influence MPR members to
\nrefuse the proposal?<\/p>\n
A: A number of non-governmental organizations have met MPR
\nfactions and urged that the representation of the TNI and the
\npolice force be phased out from the Assembly. It seems that some
\nMPR factions will refuse the proposal but others ignoring
\npeople's aspirations will try to look for a political compromise.
\n(Rikza Abdullah)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/writing-tni-into-constitution-goes-too-far-1447893297",
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