Commission may take over constitutional reform talks

The Jakarta Post, Jakarta

A commission to amend the 1945 Constitution may be established if current debates under the People's Consultative Assembly (MPR) misses the August deadline, according to the chairman of the MPR Ad Hoc Committee in charge of the constitutional reforms.

Committee chairman Jakob Tobing suggested that the commission take over the amendment process after August.

"If the amendment process of the constitution remains unfinished by August, we may form a commission to follow up on the changes," Jakob of the Indonesian Democratic Party of Struggle (PDI Perjuangan) was quoted as saying by Antara on Friday.

In August the MPR will convene for its annual session, where it is expected to endorse the revised constitution.

So far, however, the committee remains in a stalemate over a number of issues, raising concern of its failure to finalize the amendment by August.

Among the toughest debate centers on the future role of the MPR, with factions divided over the importance of the body.

Other unresolved issues cover, among others, the presidential election, education and culture, the country's religious basis, and the role of the Supreme Advisory Council (DPA).

Last week Assembly speaker Amien Rais dismissed fears of a possible deadlock, saying a series of meetings involving 11 factions had almost produced a consensus.

Jakob's statement signals a shift from the MPR's reluctance to set up a commission, and comes amid signs that his committee was heading for a deadlock.

Non-governmental organizations have called for an independent commission to ensure greater public participation and prevent interference from short-term political interests.

They also argued the independent commission should go beyond amending the constitution and draw up an entirely new one.

According to them, a constitution must amalgamate the interests of the people and not just the political elite.

NGOs already suspected political deals were behind previous amendments made in 1999, 2000 and 2001.

Their demands however have met resistance from the MPR, on the bases that only the highest law making body can amend the constitution.

Last year the country's largest political party the PDI Perjuangan coined the idea of a commission where various experts could take part in the debate.

But in this version, MPR members would still have the final say.

Other parties such as the Muslim-based Justice Party and National Mandate Party (PAN) continue to reject the commission.

Jakob did not say whether he supported creating an independent commission or favored one from within the MPR.

Indonesia wrestles to revise its constitution following three decades under the authoritarian but legitimate rule of Soeharto.

Experts said the segregation of political powers under the current constitution was too loosely, allowing the government seize more power at the expense of public control.

Work on a new constitution began in 1999 through debates under the MPR's Ad Hoc Committee I.

Committee member Hamdan Zoelva of the Crescent Star faction said the issue over presidential election might be resolved through a voting at the MPR annual session.

Indonesia plans to have people elect their presidents starting with the 2004 general election. Candidates must secure a minimum vote of 51 percent to win the race.

But as yet the committee is unable to draw up an alternative plan should all candidates fail to secure the needed percentage.

Dozens of political parties vie for power in the upcoming election, making it hard for candidates to claim a broad victory.

Legislators agreed in 2001 to hold a direct presidential elections in 2004, but such a move would lead to the abolition of MPR as it would logically strip the Assembly of its essential constitutional roles.

The legislators' lackluster performance has raised concerns that they only think of their own short-term interest. Understandably, they would not amend the constitution so as to sign their own death warrant, as it were.

Unresolved chapters of the Constitution amendment (as of April 2002): Chapter II The People's Consultative Assembly (MPR), Chapter III The Powers of Government of State, Chapter IV The Supreme Advisory Council (DPA), Chapter XI Religion, Chapter XIII Education, Chapter XIV Social Wellbeing, Chapter XVI Alterations to the Constitution.