Amendments 'require referendum'
Kurniawan Hari, The Jakarta Post, Jakarta
The Constitutional Commission has proposed that constitutional amendments in the future would require the approval of the people through a national referendum, in a bid to prevent frequent changes to the Constitution.
"The need for a national referendum would underline the urgency to improve people's participation," commission chairman Sri Soemantri said after a plenary meeting of commission members here on Thursday.
Soemantri was referring to Article 3 (1) of the Constitution, which says the People's Consultative Assembly (MPR) holds the power to amend the Constitution. Article 37 of the Constitution stipulates that constitutional amendments require the approval of at least two thirds of the MPR members.
The proposal came as the commission was gearing up to finish its job of synchronizing all constitutional amendments by the MPR since 1999. The commission members have been regrouping at Santika Hotel in Central Jakarta since Monday to complete the job and the results must be presented before MPR's Working Committee on May 6.
Separately, commission deputy chairman Ishak Latuconsina acknowledged the proposed amendment was aimed at preventing frequent changes to the Constitution.
The MPR has amended the Constitution four times: In 1999, 2000, 2002, and 2003, as part of the sweeping reform in the country. The gradual amendments have been blamed for inconsistencies in the Constitution.
According to the commission's proposal, the process of constitutional amendment would start with MPR members, who have the right to propose constitutional amendments. The proposal would then be formulated by a specific institution, that is, the Constitutional Commission.
After completing the draft, the commission would present it to the Assembly which would decide whether to approve it or not.
The draft would then be presented at a plenary MPR session, with the requirement of attendance by at least four fifths of Assembly members. Approval would be needed by at least two thirds of lawmakers in attendance.
Following the Assembly's endorsement, the draft amendment would need the people's approval -- through a national referendum -- to take effect.
Ishak said that during the meeting on Thursday commission members did not discuss demands for the creation of a brand new constitution.
He said commission members considered the country was not in need of a new constitution.
In response to public outcry resulting from the commission's plan to scrap human rights articles from the Constitution, Soemantri said the commission had retracted the proposal.
He acknowledged some commission members had demanded revocation of the rights articles, but after a series of discussions they had agreed to keep the articles with some adjustments.
The commission has also arranged a discussion with various organizations and experts on Monday to evaluate its work here. Around 400 people, experts, non-governmental organizations (NGOs) and activists are expected to turn up to the discussion.
Constitutional law experts Harun Alrasyid and Satya Arinanto, both from the University of Indonesia, will be among speakers at the discussion. A similar discussion will be held in Medan, North Sumatra on April 38, and in Denpasar, Bali, on April 30.