Constitution needs change: Experts
JAKARTA (JP): The nation needs to amend the 1945 Constitution to enable the establishment of effective power checks and balances and the protection of citizens' rights, analysts concluded on Thursday.
In a discussion held by the Center for Information and Development Studies titled "1945 Constitution Amendments Toward a New Democratic Indonesia", legal experts argued the nation would be prey to dictatorial leadership if the constitution remained unchanged.
They agreed the executive-heavy constitution had led to power abuses by the president during the past 30 years, with neither the House of Representatives (DPR) or the Supreme Court able to curb presidential dominance.
Speaking were law professors Laica Marzuki of Hasanuddin University in South Sulawesi, Ujungpandang, Mohammad Mahfud of Indonesian Islamic University and Muchsan from Gadjah Mada University, both located in Yogyakarta.
"It's a disaster for this nation to allow the constitution to give the president too much power, as both the head of state and the government... because power tends to corrupt," Laica told the discussion, moderated by political scientist Indria Samego.
"The president is so powerful he could just leave a bill deliberated and passed by the House unsigned," Mahfud said, referring to the broadcast bill which former president Soeharto refused to pass into law in 1997.
Muchsan said: "There must be a distribution and balance of power... a kind of checks and balances system".
The three also agreed that House empowerment required amendments to the constitution.
"No longer needed is the People's Consultative Assembly (MPR), because it's confusing. Just the DPR, as the people's sovereignty (as power holder) will do," Muchsan said.
After the election, the MPR will consist of 700 members, 462 whom will be elected. The nonelected MPR legislators comprise 38 Indonesian Military (TNI) members, 65 representatives of interest groups as well as 135 provincial representatives.
Mahfud suggested the constitution stipulate that all legislators be elected.
Participants also targeted articles regulating the Supreme Court, which they said should be equipped with judicial review powers.
"Without this (power), the constitution will enable judicial crimes to continue," Laica said, referring to laws which opened the way to corrupt and collusive practices.
Currently, a MPR decree effectively bars the Supreme Court from reviewing laws, which are mostly sponsored by the government.
Mahfud suggested the amendment ensure a rigid separation of judicial powers from the executive power.
Criticism over the country's judicial system, known for its impartial stance, stemmed from the fact that judges are considered members of the bureaucracy, due to their status as civil servants. According to the law, the courts are administratively and financially under the Ministry of Justice.
The Supreme Advisory Board (DPA) also came under scrutiny. Participants said the article ordaining the establishment of the DPA should be dropped, because the board was a "useless" state institution and a burden for the state budget.
"The President could just hire experts to advise him, instead of consulting the DPA," Laica suggested.
On the powerful executive institution, the experts agreed the constitution should scrap the words: "to be regulated later by laws", because the expression was a loophole for presidential control.
Also raised in the forum was the need for a direct presidential election and restriction of the presidential term.
Noted lawyer Adnan Buyung Nasution concluded the session, warning that civil society may have to confront the military in any effort to amend the constitution.
"The military regard the constitution as its dogma and ideology," he said. (aan)