Commission scraps articles on press freedom, human rights
Commission scraps articles on press freedom, human rights
Kurniawan Hari, The Jakarta Post, Jakarta
Several articles on human rights, including one that guarantees
freedom of the press, have been omitted from the draft of
constitutional amendments prepared by the Constitutional
Commission.
The commission also scrapped Article 28 (i) which protects
anyone from being charged under retroactive laws.
A number of the commission members, however, expressed their
surprise, after noting that the articles were still there on
Friday.
Some of them called on Monday for a plenary session to push
for the revival of those articles before the commission presents
its work to the People's Consultative Assembly (MPR) scheduled
for May 6.
"The article on freedom of the press was taken out after it
was discussed in the small team tasked with reconciling our
amendments. I regret this," commission member Krisna Harahap said
on the sidelines of a discussion on the draft revision of the
Constitution here.
Krisna called on fellow commission members to fight for the
inclusion of the article on press freedom in the Constitution.
If press freedom is constitutionally acknowledged, he said,
all laws and legislation which are regarded as detrimental to the
press must be revised.
The small team comprised 10 members; Sri Soemantri, Albert
Hasibuan, Neneng Fatimah, Sri Adiningsih, Ishak Latuconsina,
Maria Farida Indrati, Bunyamin Ramto, Jawahir Tantowi, Fajrul
Falaakh and Bahder Johan Nasution.
Latuconsina said the team dropped the freedom of the press
article because the Constitution only recognizes individual
rights.
"Freedom of the press is the right of an institution,
therefore we cannot put it into the Constitution," he said.
Leo Batubara, a member of the Press Council, could not conceal
his disappointment over the omission and warned the press of a
possible increase in oppressive measures against it.
Apart from disposing of press freedom, the commission also
proposed substantial revisions and editorial changes to the
amendments made by the MPR between 1999 and 2003.
The final say, however, will rest with the Assembly, which
formed the commission.
It still is unclear as to which group of MPR legislators will
deal with the commission's suggestions, as some Assembly members
said the work of the Constitutional Commission would be passed on
to the MPR members who were elected in the April 5 legislative
election.
Among the revisions proposed by the commission are the
reinstatement of consensus as the mandatory way of decision
making, instead of a democratic-style vote.
The Constitution calls for a standard vote.
The commission also proposed that amendments to the
Constitution be approved by the people via a national referendum.
Draft revision to the amended Constitution
===============================================================
1. Article 3 (1) : Amendments need approval of the people
through a national referendum.
2. Article 6A (2) : Independent presidential candidates are
allowed to contest.
3. Article 6A (3) : A simple majority applies in presidential
elections.
4. Article 16 : The President can form a national security
council fo input on state
security.
5. Article 18 (4) : Governors, regents, mayors will be elected
through a direct election.
6. Article 20 (6) : If the President fails to sign any
draft laws, the bills will be returned to
the House of Representatives for further
deliberation.
7. Article 20 (7) : If a bill is endorsed by 2/3 of House
members, the President is obligated to
sign it.
8. Article 22 : Government regulation in lieu of law can
be revoked with the issuance of a law.
9. Article 25 a : The Prosecutor is a law enforcer that
executes
the indictment
10. Article 33 (5) : The state promotes all economic producers
equally and sustainably.
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Source: Constitutional Commission's final draft