'Constitution must be made clear, consistent'

Kurniawan Hari, The Jakarta Post, Jakarta

The Constitutional Commission to be set up soon by the People's Consultative Assembly must focus on efforts to make the 1945 Constitution clear to help put the country's muddled political system in good order, a legal expert says.

Sri Soemantri, a prominent constitutional expert, said on Thursday that inconsistencies were rampant in the amended articles because the amendment was reached through compromises among political parties.

"If we want to create a good constitution, we must avoid making a compromise," he told reporters after presenting his view on the Constitution before Assembly members here on Thursday.

Soemantri was one of 62 figures undergoing an examination for a position on the 31-strong Constitutional Commission, which has been tasked with assessing the amended Constitution.

Compromise among political parties, he said, would only make the articles in the Constitution complicated and inconsistent with each other.

Citing some articles as an example, he said there was confusion over whether to adopt a presidential system or a parliamentary system.

In her state address on the eve of Independence Day in August, President Megawati Soekarnoputri defined the nation's political system as "gray" or unclear.

According to Soemantri, the country follows a presidential system. However, the amended Constitution gives more power to the House of Representatives (DPR), which is closer to a parliamentary system.

Prior to the amendment, the president had the prerogative to appoint ambassadors or accept foreign envoys. After the amendment, however, the president must hear the House's views before making a decision on the matter.

Soemantri also questioned the changes in the law-making process. Before the amendment, the power to produce laws was in the hands of the president. After the amendment, a law will automatically take effect 30 days after the House's approval.

He therefore urged the Constitutional Commission to focus on making articles in the Constitution compatible with each other.

Legislator Yusuf Muhammad of the National Awakening Party (PKB) acknowledged on Thursday that the final product of the constitutional amendment resulted from compromises among political parties.

He expressed concern that each time the country changed leaders, the new power holder would amend the Constitution to suit his or her interests. He therefore called on the Constitutional Commission to avoid making hasty amendments to the the Constitution.

The Assembly is expected to select the 31 members of the Constitutional Commission on Oct. 7. It will work for seven months to assess and synchronize articles in the amended Constitution.

Results of the assessment will be reported to the Assembly's Working Body next year. Legislators will decide whether or not to approve the final outcome.