Commission proposals unfavorable to public role

Commission proposals unfavorable to public role

Tertiani ZB Simanjuntak, The Jakarta Post, Jakarta

The nation has yet to arrive at a consensus on the ideal form
and role of a constitutional commission, with none of the
proposals that have been submitted to the People's Consultative
Assembly (MPR) giving a significant place for public
participation.

With the MPR set to endorse the establishment of the
commission, the key issue of a public role in the commission
remains unsolved and it seems the desire for a people's
constitution will remain unfulfilled.

Surprisingly, various public proposals on the commission are
not favorable to the reform process that is striving for greater
public participation. On the contrary, most proposals tend to
give legislators a more dominating role as the people's
representatives.

The latest support for the establishment of the commission has
come from the country's largest Muslim organizations, Nahdlatul
Ulama (NU) and Muhammadiyah. However, neither has given a clear
picture on the public's role in the constitution-making body.

"The commission should deal with crucial matters in the
amendment process. We'll talk about its form later," NU chairman
Hasyim Muzadi told a media conference on Wednesday.

Muhammadiyah chairman Sjafi'i Maarif said it would be unwise
not to involve the MPR in the commission.

Proponents for the inclusion of legislators in the commission
argue that the presence of MPR members in the commission would
ensure the continuity of the amendment process.

Sjafi'i dismissed the possibility of a new constitution,
saying: "We're all agreed not to change the preamble to the 1945
Constitution ... and don't bring up the subject now, because
there are still bitter debates on whether the change (to the
preamble), for example, would mean the country is no longer a
free Indonesia."

Earlier on Tuesday, the alumni association of Gadjah Mada
University (Kagama) urged the MPR to insert a clause on the
commission in the draft amendment of Article 37 of the
Constitution to provide a strong legal basis for the commission.

"The amended article will also provide a binding force for the
government and the House of Representatives to form the
commission," Kagama chairman Ichlasul Amal, who is political
observer, said.

Ichlasul argued that an MPR decree to establish the commission
did not have a strong legal basis because it could be revoked any
time at any given Annual Session.

"Moreover, according to Article 20 of the first amendment, the
House of Representatives (DPR) has replaced the MPR as the
supreme lawmaking body," he explained.

Chapters VII and VIIA of the second amendment state that the
MPR is no longer the supreme lawmaking body. The third amendment,
however, says that the MPR has the sole authority to form a
constitutional commission and the commission would be placed
under its jurisdiction.

Ichlasul, a former Gadjah Mada rector, added that the amended
version of Article 37 should also mention that the structure,
authority, task and working mechanism of the commission would be
stipulated in law.

Experts and activists of the Coalition for A New Constitution
have repeatedly stated that there is no reason to doubt the
commission's ability to rewrite the Constitution as has been done
in other countries such as the Philippines, Thailand and South
Africa.

Several candidates for commission leadership began to surface
on Tuesday, including Muslim scholar Nurcholish Madjid and
constitutional law experts Usep Ranuwidjaja, Jimly Asshidiqie and
M. Solly Lubis.