'Commission no solution to flaws'

'Commission no solution to flaws'

The Jakarta Post, Jakarta

Lawmakers will soon start discussions to form a constitutional
commission that will improve last year's amendment to the 1945
Constitution, but experts said on Monday the commission would
unlikely change fundamental flaws in the new Constitution.

The ad hoc committee of the People's Consultative Assembly
(MPR) for the amendment of the 1945 Constitution, or PAH 1, is to
meet on Thursday, Feb. 6, to discuss the commission.

"The commission will do more than just fine tuning, improving
the systematic arrangement of the amended Constitution and things
like that," said PAH 1 deputy chairman Slamet Effendi Yusuf of
the Golkar faction.

Activists have long been calling for an independent
constitutional commission. They said the commission would ensure
greater public participation and prevent interference from
political interests in the amendment of the Constitution.

Last year, the MPR finalized talks on the fourth and last
batch of constitutional amendments without the commission.
However it issued a decree agreeing to establish one this year.

"PAH 1 is limited by what the MPR decree has outlined as the
commission's authority, so if there are hopes for a commission
like those found in other countries, I think it won't get that
far," said Slamet, following a book discussion seminar by the
Indonesian Political Science Association (AIPI).

Slamet was referring to Thailand's model of an independent
constitutional commission, which had captured the interest of
activists.

Here the amendment was led by lawmakers at the MPR. Public
participation was limited to consultation with experts in
politics, economics and the law, without necessarily heeding
their advice.

The outcome, however, won praise from critics who called it a
milestone in Indonesia's then four-year-old reform movement. It
paved the way for a direct presidential election and balanced the
power relationship between the legislative and executive.

Nonetheless, critics say the amendment suffers from flaws.

For example, while a direct election for a president is
essential under the Constitution, it is optional for regents or
governors.

"There is no consistency in the election of state officials,"
said Bambang Widjoyanto of the Coalition for a New Constitution,
a group of non-governmental organizations.

Another example was the weak powers invested in members of the
Regional Representatives Council (DPD). The DPD and the House of
Representatives (DPR) will form the next MPR under a bicameral
system adopted by the new Constitution.

But as DPD members will be directly elected by the public,
they will have fewer powers than House members, who are appointed
by their respective political parties.

Cosmetic changes to the amendments were therefore not enough,
said Bambang. He added the coalition had submitted to PAH 1 its
review of the final amendment with a list of its shortcomings.

"We'll see whether it (the constitutional commission) will
distance itself from its internal political interests to allow a
comprehensive review (of the amendment)," he said.

University of Indonesia political analyst Maswadi Rauf said
that despite the Constitution's shortcomings, he saw no pressing
need to fix them.

"There may not be much pressure for change right now; after
all, we haven't yet put into practice the changes we have already
made, such as a direct presidential election," he said.

He added last year's amendment opened the way for future
changes to the Constitution, should the public deem them
necessary.

Slamet agreed, adding that further changes to the Constitution
required more time than the commission had at its disposal.

"The commission's work would have taken a long time; it must
be systematic, starting from the public, while at the same time,
changes to the Constitution need to be implemented. Otherwise,
there'll be a gap in the law," he said, explaining the government
needed to issue new regulations based on the amendment.