Constitutional amendment remains unresolved
Kurniawan Hari and Fabiola Desy Unidjaja, The Jakarta Post, Jakarta
Legislators of the People's Consultative Assembly intensified lobbying on Monday night as the debate on amendments to the Constitution stalled.
They were seeking a breakthrough on the issue of direct presidential election that would require restructuring of the Assembly.
Jacob Tobing, chairman of the Assembly's ad hoc committee in charge of constitutional amendment, said that direct presidential election was the toughest subject.
The problem lies with the method to be taken should the president-nominees be unable to collect more than half of the votes.
The Indonesian Democratic Party of Struggle (PDI Perjuangan), the Indonesian Military/National Police, the Crescent-Star Party (PBB) and the Reform factions all proposed that the Assembly be invested with the authority to elect the president from the two nominees that collect biggest votes in the first election.
While the Golkar Party, the United Development Party (PPP), and the National Awakening Party (PKB) suggested that a second round of voting be carried out to avoid interference by the Assembly.
Meanwhile, the quest for an independent constitutional commission in this year's Annual Session is most likely to run into a stone wall, says the Indonesia Legal Aid and Human Rights Association (PBHI).
PBHI chairman Hendardi said that the Assembly was determined to discuss only the constitutional amendments which had been deliberated without public involvement.
"The amendment was done exclusively by the Assembly," Hendardi said.
The Assembly is set to pass the amendment this week. Hendardi said that the Assembly had been working on a substantial amendment, which almost amounted to writing a new constitution.
He said what the Assembly had done was beyond its authority mandated by the 1945 Constitution, which only authorized it to "revise or amend", not to recreate it entirely.
"We need an independent commission to make a new Constitution. If politicians are involved, then the results would reflect their vested interests," Hendardi said.
Leaders of the 700-member MPR adamantly rejected the independent commission proposal, claiming that amending the Constitution was the mandate of the Assembly.
To break the deadlock in the NGO-MPR debate, Golkar -- the second largest party -- has proposed a national constitutional committee. NGOs have politely rejected it. While the largest party, PDI Perjuangan insists that amending the Constitution is the task of the Assembly.
The independent constitutional commission is not on the agenda for this year's MPR session but legislators have assured the public that input from many sectors of society would be welcomed.
PBHI has rejected the pledge of some legislators to discuss an independent constitutional commission next year, saying that it would be too late, as all political parties will be busy campaigning for the 2004 general elections.