Activists want Constitution totally reformed

Activists want Constitution totally reformed

JAKARTA (JP): President Megawati Soekarnoputri's idea to
establish a commission to rework the 1945 Constitution received
an enthusiastic response on Monday.

Lawyer Todung Mulya Lubis and Center for Electoral Reform
(Cetro) activist Smita Notosusanto said the President's idea had
erased the general perception that it was taboo to even discuss
possible change in the Constitution.

The President's idea also received a positive response from
senior members of the People's Consultative Assembly (MPR) such
as Jacob Tobing and Slamet Effendi Yusuf who want to see
Indonesia have a detailed constitution.

Mulya Lubis said that President Megawati's idea to establish a
constitutional council was a significant step forward. Up until
her public statement on Aug. 16, people thought she was among the
many top figures who viewed the 1945 Constitution as a sacred
document.

Todung stressed that Indonesia now needed a comprehensive
constitution and that amendment would not be enough as the
country needed a constitution that covers a wide-range of state
affairs.

"We need a new clear constitution to minimize different
interpretations on state affairs," Todung told The Jakarta Post.

Megawati floated the idea of the constitutional commission
when she delivered her state-of-the-nation address at the House
of Representatives on Aug. 16. She said that her administration
wanted to accommodate the strong wish among the educated to
rework the Constitution because contemporary Indonesia was facing
completely different problems from those during the time of the
country's founding fathers.

Mulya Lubis noted that the preamble of the 1945 Constitution
should be retained because its underlying principles were
accepted by all parties.

He added that members of the commission should consist of
people who represent all sections of society, including experts
in various fields and figures elected from all of Indonesia's
regions.

"We should not only entrust such a fundamental job to the
usual ad hoc committee as their work will determine the fate of
the whole nation," he said.

Smita described Megawati's idea as "very encouraging' although
she doubted whether the President was aware that failure to live
up to her promise would place her presidency in danger.

Once Golkar and other political parties become unhappy with
Megawati, Smita said, they would be able to dethrone her.

"The MPR is now basking in euphoria following their victory in
bringing Gus Dur down," she said, referring to Megawati's
predecessor Abdurrahman Wahid, "and they do not want anybody to
interfere with the impeachment procedures that are in place at
the moment."

On what needs to be done to keep the issue rolling, she said,
Megawati should talk tirelessly about the need to amend the
Constitution on as many occasions as possible.

"Emerging from decades of rule by a repressive regime that
liked to portray the Constitution as something sacred, the
majority of the public are still afraid to talk about it openly,"
Smita said.

Discussion about this amendment should be made as pervasive as
possible, commanding the attention of the entire nation, she
said.

Megawati should first eliminate public fear before letting
them take part in amending the Constitution, she said.

Smita said she envisaged a team of 75 people, without any
involvement at all from the MPR, in the proposed constitutional
council comprising two representatives from each of the some 30
provinces. The remaining 15 would come from those sections of
society that are otherwise not represented, like scholars and
activists from labor, agricultural, youth and women's movements,
she said.

After studying the public's ideas in their respective
provinces for approximately one year, the independent team would
then submit their findings to the MPR.

"The MPR should only give its approval or rejection. It should
never be allowed to make changes. This is very important," she
said. "This country needs a public constitution, not an elitist
one like it has at present."

Learning from Gus Dur's experience, Smita said she doubted if
the public would trust a commission set up by Megawati herself.

"Gus Dur set one up headed by Harun (law professor Harun Al-
Rasyid) but it did not work," Smita said.

But she said she was not sure which government institution
should take up the lead to set up the commission.

"In one country, it was set up by the Supreme Court, in
another, like Thailand, it was the legislature following immense
public pressure, in another case it was civil society. I am
afraid Indonesia will have to resort to the latest example," she
said.

Smita said she agreed with Daniel Lev, the well-known American
Indonesianist, who said that amending the Constitution amounted
to reinventing the nation.

Slamet said it would be better to establish a constitutional
commission if the ad hoc committee could not complete its work by
the Assembly's annual session next year.

He admitted the ad hoc committee had made no progress because
factions in the committee were busy with their own political
interests.

He said the Assembly could not make a comprehensive amendment
to the Constitution because some political factions wanted a
total change of the Constitution while several others wanted to
maintain it as it was. (02/hbk/rms)