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)