A new constitution, not legislators' own interests

Ati Nurbaiti, Staff Writer, The Jakarta Post, Jakarta

On the heels of the war of words on seeking a better constitution, President Megawati Soekarnoputri's statement last Wednesday was a bit of a surprise.

She reiterated the need for an independent constitution commission -- and also raised the need of public consultation and even the possibility of a referendum as a last resort.

"Whether it means that we need a referendum or whatever you like to call it (to establish an independent constitutional commission), we must comply with the principle of respecting the people's rights," Megawati said.

All this came amid public exasperation particularly at her own party, the Indonesian Democratic Party of Struggle (PDI Perjuangan) which has largely displayed reluctance to let the amendment process be conducted outside the legislature. Megawati and PDI Perjuangan have also been seen to betray public support through a number of other unpopular policies.

Political deals sought between major and minor parties, all with an eye on the 2004 elections, has led to much skepticism over whether any good can come out of next month's Annual Session of the People's Consultative Assembly (MPR).

Many fear the waste of funds, disbelieving that the Assembly will adopt any meaningful amendments to the 1945 Constitution, which among other things, should pave the way for more democratic elections.

Megawati's statement was in her address to close three days of talks on the 1945 Constitution in Yogyakarta, held from July 8 to July 10 to raise awareness ahead of next month's session. Organizers from the alumni body of the University of Gadjah Mada said although the talks might be belated, the continuous efforts from the public would hopefully remind politicians that it was not only their short-term interests at stake.

The days leading up to the Annual Session of the MPR will show whether Megawati's statement this time matches the steps of her party -- even though the statement was calculated to recoup some of the lost sympathy. Despite two earlier statements on the need of an independent commission Megawati herself has not been known to chide contrasting attitudes expressed by her party members on the issue.

Students therefore protested against their campus being "sold", saying the efforts of the academic community should not have been given to Megawati, in light of frequent "betrayal" of PDI Perjuangan against demands of the reform movement.

Legal experts, political researchers, historians and human rights workers who gathered in last week's seminar and workshop however take a different stance -- at least for now.

They are working together to try to influence the government and legislators through both the preparation of an alternative constitution draft and also preparations to gain public support for an independent constitution commission. Megawati's statement seems to reflect a small degree of success with this strategy.

Addressing the forum, political scientist Mochtar Pabottingi of the Indonesian Institute of Sciences said that given the threat of a deadlock of the amendment process, "I urge that we adopt contrasting attitudes."

Despite all its severe shortcomings the validity of the results of the legislature's committee (PAH I) working on the amendment must be accepted, he said.

"But (this acceptance) must be followed by a grueling struggle to revamp (the results), by first giving it a framework of democratic rationality."

In general the committee has accepted the idea of a new constitution drafted by an independent committee, scholars told The Jakarta Post.

The encouraging sign is brought on by admittance of the lack of expertise, one of the scholars requesting anonymity said. Mochtar however reiterated allegations of deliberate maneuvering for "myopic" interests which "violate the people's sovereignty".

Former director of the Indonesian Legal Aid Office, Bambang Wijoyanto, who also addressed the forum, told the Post that the work on drawing up an alternative constitution is well under way. He is active in the Coalition of Non-Government Organizations for a New Constitution which has worked on the constitution for several months, building on earlier drafts by private groups, which have been largely ignored by legislators.

The Coalition of 62 groups has recently expanded to include individual scholars who were also speakers at UGM, including Mochtar and Gadjah Mada University law lecturer Denny Indrayana.

For the sake of a common goal, scholars are setting aside differences -- such as whether the opening of the Constitution may be changed. Their aim: That a new constitution be drawn up by an independent commission.

Hence the seminar's recommendation that the current fourth amendment process should stop, to be replaced by only a review of the earlier amendments which were "irrational" and inconsistent. But PAH I representatives said they are doing both. It is in such anticipation of legislators wanting to do everything despite public distrust that the academics are preparing their own review of the first three amendments; a draft for a new constitution, and a campaign to get enough public support for an independent commission.

A new constitution, Mochtar said, should aim against repeating the shortcomings of the earlier one, which founding fathers themselves said was a "war time" Constitution. Made worse by the evil trap woven by Soeharto, he said, the Constitution was "unconstitutional" given, among others, its delegation of authority to lesser ranking laws; its "obsession" with ideology and religion in contrast to "the lack of attention on the need of creativity" regarding political institutions.

Academics and activists are also encouraged by the experience of other developing countries which have overhauled their constitution, which are deemed no longer suitable after the World War II emergency period, when many had newly gained independence.

"Must we lag behind Bangladesh?" remarked Bambang, who had cited some of the experiences among 153 countries which revamped their constitution in the 1990s.

The signs of encouragement are small while the odds remain great; while experts of different hues huddle over stacks of drafts the politicians meet in lavish venues over their own deals. In return for a chunky 92 votes of abstentions from PDI Perjuangan, for instance, which saved Golkar chairman Akbar Tandjung from a special inquiry committee on his alleged corruption, the former party now expects Golkar to back it up on refraining from criticizing Megawati's annual report.

The taboo on even discussing constitution change is far behind; now the focus is how to get legislators to listen to mounting public resentment of their self-serving ways.