Constitution needs change: Experts

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)