Amandment process in danger of failing

Amandment process in danger of failing

Kurniawan Hari and Annastashya Emmanuelle, The Jakarta Post,
Jakarta

Almost six months after the People's Consultative Assembly (MPR)
was given the go-ahead to amend the 1945 Constitution, only six
of the 18 targeted articles have been deliberated by the ad hoc
commission in charge of constitutional amendments (PAH I).

With only four months before the MPR convenes in August for
its annual session, during which the amendments were expected to
be endorsed, there is growing suspicion that the MPR is not
serious about amending the country's Constitution.

These suspicions are compounded by the fact that some
lawmakers, including some from President Megawati Soekarnoputri's
Indonesian Democratic Party of Struggle (PDI Perjuangan), have
moved to stop the current amendment campaign, arguing that the
process has deviated from its original course.

The MPR, in its annual session last November, agreed to
proceed with the fourth-ever amendment of the 1945 Constitution.
An ad hoc committee was formed to deliberate the 18 targeted
articles before the Assembly reconvened in August 2002.

But from the time PAH I began deliberating the articles in
January, vested political interests began to impede the process.

Further delays in the process would likely deprive the country
of what are seen by many observers as much-needed reforms,
especially in creating a more democratic political life.

To date, only six of the less controversial articles have been
deliberated, including articles on the monetary unit, education,
social welfare, the judicial system and the triumvirate of the
foreign minister, home minister and defense minister, which is to
take charge of the government in emergency situations.

PAH I members have so far failed to agree on articles related
to presidential elections where the presidential and vice
presidential candidates fail to garner a necessary simple
majority; the composition of the House of Representatives (DPR)
and the Assembly; the existence of the Supreme Advisory Council;
the revival of the Jakarta Charter on religious issue; and the
requirements for a constitutional amendment to take place.

Many observers believe the poor performance of the PAH 1
is more a reflection of a conflict of vested interests between
political factions than the commission members' inability to
deliberate the amendments.

The amendment of Article 2 on the composition of the MPR, for
example, has met with strong opposition from Functional Groups,
or utusan golongan, which have 65 members in the Assembly.

The original text of Article 2 (1) of the 1945 Constitution
says that the Assembly consists of members of the House, regional
representatives and functional groups. In the proposed amendment,
the Assembly would consist of elected legislators and a Regional
Representative Council.

Scholars also have warned of possible opposition by military-
backed groups and conservative groups to the amendment process.

Saldi Isra of Andalas University in Padang said the military
would reject the amendment of Article 2 because it would lose its
presence in the Assembly if the amendment was to come into
effect.

Separately, PDI Perjuangan admitted on Tuesday that some of
its members were attempting to block the amendment process.

PDI Perjuangan also claimed to have evidence that several
foreign-funded non-governmental organizations had intervened in
the amendment process.

"It is no longer clear whether they are fighting for the
nation's interest or for the benefit of donor countries," Roy
said, while refusing to elaborate and provide further details.

Roy also said PDI Perjuangan did not believe Article 29 on
religion should be discussed, as any changes to the article could
result in the country's disintegration.

"Basically, PDI Perjuangan has no objections to amending the
Constitution. However, Article 29, the Constitution's preamble
and the nation's ideology of Pancasila are off limits for
changes," he said.

Unresolved amendments

- Article 2 on the composition of the People's Consultative
Assembly (MPR).

- Article 3 on the election of the president by the Assembly if
candidates fail to collect the necessary votes (more than half)
in the first round of the election.

- Article 6A on the second round of the presidential election if
candidates fail to collect the necessary votes in the first round
of the election.

- Article 15A on the existence of the Supreme Advisory Council
(DPA).

- Article 23D on the need to mention Bank Indonesia clearly in
this passage.

- Article 29 on the demand to include the seven words of the
Jakarta Charter in this passage.

- Article 31 on the need to accentuate faith and morality in the
education system.

- Article 37 on the requirements to amend the Constitution. One
group wants to require that amendments be approved by two-thirds
of the Assembly, another group by three-fourths of the Assembly.