Amien backs adoption of new constitution

Amien backs adoption of new constitution

Kurniawan Hari, The Jakarta Post, Jakarta

People's Consultative Assembly (MPR) Speaker Amien Rais supported
on Wednesday public calls for the establishment of an independent
commission in charge of drafting a new constitution, saying that
the existing Constitution was in need of total overhaul.

Amien, who was speaking in his capacity as a legislator,
emphasized the importance of recognizing that the current
Constitution was a transitional or interim document that was
intended to be changed.

"We must convince the public that we're badly in need of
either a complete overhaul or a new constitution," Amien said
during a meeting with activists from the Coalition of Non-
Governmental Organizations (Ornop), and scholars at his office
here.

The coalition, consisting of 62 NGOs, has been campaigning for
the establishment of an independent commission to draft a new
constitution since 2000.

"We are of one mind. I also want an improved constitution,"
Amien said.

After the enactment of the fourth constitutional amendment in
August, Amien said, the amendment process could be entrusted to
MPR members chosen in the 2004 election or an independent
commission, whose establishment could be organized this year.

Amien hoped that after the fourth amendment in August, there
would be a better thought-out, better planned and better
conceived draft constitution prepared by the independent
commission.

For the establishment of the independent commission, the MPR
would have to amend Articles 3 and 37 of the Constitution.

Article 3 gives a mandate to the MPR to amend the Constitution
while Article 37 describes the procedures for the amendment of
the Constitution by the MPR.

However, Amien, who chairs the country's fifth largest party,
the National Mandate Party (PAN), warned of strong resistance
from both legislators and other groups in society.

A lecturer from Padang-based Andalas University, Saldi Isra,
who participated in the meeting with Amien, said that the
resistance to constitutional reform had become a serious threat
as it had won the backing of the military.

"The military is the group that most rejects the
constitutional amendment process as it will be disadvantageous
for them," he said.

Todung Mulya Lubis, who headed the delegation, reiterated that
the MPR should give a mandate to an independent commission to
deal with the amendment of the Constitution.

He said the amendment process undertaken by the MPR over the
last three years had lacked a clear concept. Thus, the task
should be handed over to an independent commission.

The commission would consist of 99 members, including two
representatives from each of the country's provinces, and
academics.

"The existence of a constitutional commission is a sine qua
non for thorough reform," Todung said.

Once again warning of the hard struggle ahead, Amien said that
several groups had tried to block the amendment process and the
proposal for the establishment of a commission.

"The progressive camp supporting constitutional amendment, for
example, has been blocked by the conservative group," Amien said.

Several other groups, including the Movement for Parliamentary
Virtue (GNP) and the Constitutional Studies Forum (FKIK), have
also aggressively campaigned to block the amendment process.

The GNP, led by Amin Aryoso of the Indonesian Democratic Party
of Struggle (PDI Perjuangan), claims that the amendments that
have been adopted have gone to far, while the FKIK, headed by
veteran scholar Usep Ranawijaya, says that the amendment process
has led the country to the brink of collapse.