Amendments 'require referendum'
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.