1945 Constitution is amendable: Law expert

1945 Constitution is amendable: Law expert

JAKARTA (JP): The People's Consultative Assembly (MPR) has
come under fire for its reluctance to amend the 1945 Constitution
to accommodate 50 years of change.

The National University's School of Law dean, Dahlan
Ranuwihardjo, said Wednesday: "The 1945 Constitution is not a
Holy Book which cannot be changed."

He said the constitution was drafted and enacted during the
1945 revolutionary struggle for independence. "It should be
subject to amendment," he said.

He said it was "shocking" that the MPR, despite having the
authority, had refused to amend the constitution.

The MPR decreed in 1978 that it has no intention of amending
the constitution, and introduced rulings that make it virtually
impossible to introduce amendments.

"This is a violation of the constitution," Dahlan said after
presenting a paper in a seminar on politics at the University of
August 17, where he is also a lecturer.

Article 37 of the 1945 Constitution stipulates that the
constitution can be amended if at least two-thirds of the 1,000-
strong MPR agrees.

In 1985, the government introduced a ruling that further
restricted the possibility of amending the constitution. The 1985
law requires that any change must be done through referendum.

Dahlan, who was sacked from the House of Representatives in
1968 for opposing a general election bill, said the United States
started amending its constitution four years after it was adopted
in 1787. "This shows that the nation is dynamic," he said.

Rebel politician Sri Bintang Pamungkas is now being
interrogated on charges of subversion; one of his alleged
offenses was suggesting constitutional amendments.

Dahlan cited presidential term limitations as one amendment
that the MPR should make to the 1945 Constitution.

The constitution does not limit the number of times a person
can serve as president, which has allowed the incumbent Soeharto
to be elected six times as president since 1968. The 75-year-old
president is likely to be reelected again in 1998.

Harmoko, chairman of the dominant Golkar, said in a campaign
speech this week that the party refused to consider limiting the
terms of the presidency.

Dahlan said Indonesia had had only one presidential succession
-- from Sukarno to Soeharto in 1967, when the latter was first
elected as acting president.

He described that succession as "constitutional but slightly
defective" because Sukarno had relinquished power under strong
pressure. (11)