Constitutional amendment remains unresolved

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.