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)