Amendment to Constitution sparks criticism from experts

Amendment to Constitution sparks criticism from experts

JAKARTA (JP): A noted constitutional expert has criticized the
ongoing amendments being made by the People's Consultative
Assembly (MPR) to the 1945 Constitution, saying the Assembly
should form a new Constitution based on the current situation.

Harun Alrasid, a professor of law at the University of
Indonesia, maintained that the Assembly had few legal reasons and
recommendations to amend the Constitution.

He further maintained that the task of the Assembly was "to
make" constitutions.

"Over the last 40 years, we have never had a new constitution
other than the 1945 Constitution, which was designed in
accordance with the political situation in 1945," he said on
Thursday during a seminar on constitutional reform at the Centre
for Strategic and International Studies.

Harun said the present Assembly had misunderstood the
Constitution because in accordance with the original
constitution, its main task was not to amend it but to make a new
one.

He surmised that the Assembly had not taken steps to make a
new constitution because its members were incapable. He proposed
that the government set up an expert team to design a new draft
constitution that would be submitted to the Assembly to endorse.

"Indonesia can learn from constitutional reform in the
Philippines. (Former) president Cory Aquino, who succeeded in
toppling Marcos' authoritarian regime through a popular revolt,
set up an expert team to make a new constitution," he said.

Harun also questioned the numerous past and new Assembly
decrees, part of which he alleged were contradictory,
unconstitutional and violated the law.

"Because of this many Assembly decrees have raised confusion
among the people," he said.

He cited an example where the Constitution stipulates the
president's five-year term of office. However, Assembly Decree
No. 3, issued in 1978, allows the Assembly to recommend a special
session "to impeach" him.

"The country would remain chaotic if we had a new president
annually," he said.

Emotional

Mochtar Pabottingi, a senior researcher from the Indonesian
Institute of Sciences (LIPI), deplored the emotional tone
highlighting the constitutional amendment process where all
factions at the Assembly seemed to be fighting for their own
interests.

"All factions should conduct the amendments in a friendly and
transparent atmosphere for the sake of the nation, and above
their own interests," he said.

He criticized recent voting by the Assembly's Ad Hoc committee
to decide whether the Constitution's preamble should be
maintained or replaced with the Islamic-based Piagam Jakarta,
saying the Assembly should respect and accept the numerous
religions and ethnicities in the country.

"The Assembly should be wise and selective on fundamental and
sensitive issues. They should know the fundamental substance that
should be maintained and other matters that could be decided
through voting," he said.

He also regretted the presence of appointed military and
police representatives dealing with the constitutional
amendments, saying they were not representing the people but
certain minority groups in society, namely the Indonesian
Military (TNI) and the National Police.

Asked to comment on the government's much-criticized
performance, Mochtar said President Abdurrahman Wahid's policies
and vision were on the right path to uphold democracy.

"Compared to the last two presidents, Gus Dur's efforts to
uphold democracy and human rights should win the people's
support," he said, referring to the President's popular name and
adding that all components of the nation, including the House of
Representatives and the Assembly, should be held responsible for
the stagnant economy and political instability.

Nevertheless, he also supported calls for the Assembly to
press the government to make necessary corrections and changes in
the government to defuse the crisis. (rms)