A new constitution, not legislators' own interests

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.