Constitutional change needs referendum
Constitutional change needs referendum
Kurniawan Hari, The Jakarta Post, Jakarta
The Constitutional Commission has scrapped the authority of the
People's Consultative Assembly (MPR) to amend the Constitution,
arguing that the MPR as an institution will no longer exist.
"We have agreed to scrap the authority of the MPR (to amend
the Constitution) because it will no longer be a permanent body,
but a joint session between the House of Representatives and the
Regional Representatives Council," Commission deputy chairman
Albert Hasibuan told The Jakarta Post on Tuesday.
Under the proposal, amendments to the Constitution should be
made through a national referendum and endorsed by a joint
session of the House and the Regional Representatives Council
(DPD).
The commission was established by the Assembly last year to
synchronize changes to the 1945 Constitution, which, according to
experts, were rife with short-term political interests.
Any recommendations or changes to the Constitution, however,
will still require approval from the Assembly in order to take
effect. Decisions made by the commission may be overturned by the
Assembly.
Currently, only the Assembly has the authority to amend the
Constitution, allowing political interests to intervene in
amendment attempts.
Following the adoption of a bicameral system through a series
of constitutional amendments last year, the MPR, as it is now
known, will be replaced by a joint session of the House and DPD,
the Indonesian version of the United States Senate.
Apart from reducing the authority of the MPR, the commission
is also proposing to cut the power of the newly established
Constitutional Court.
Based on existing regulations, the court has the authority to
review legislation that is against the spirit of the
Constitution, settle disputes between state institutions, resolve
election disputes and dissolve political parties.
The commission, however, propose to limit the authority of the
Constitutional Court to reviewing legislation and regulations,
while handing over other powers to the Supreme Court.
"We are still debating this issue," Albert said.
Surprisingly, the commission, which consists of 31 experts,
also plans to scrap articles on human rights from the
Constitution and to propose an article to declare international
conventions as part of Indonesian legislation.
The commission proposes to discard articles on human rights,
saying that these overlap with others.
While discarding these articles, the commission proposes a
single article to read: "The state protects and promotes human
rights and human liberty". International and regional conventions
will take effect after being ratified by Indonesia.
Albert, however, stated the proposal to discard articles on
human rights was still being debated by commission members.
Changes proposed by the Constitutional Commission
- Article 3 (1): MPR has the authority to amend the Constitution
after a nationwide referendum.
- Article 19 (2): The tenure of House members should be five
years; they can be reelected for one more term only.
- Article 22D (1): The DPD has the right to submit bills and
deliberate the drafts with the House.
- Article 24C (1): The Constitutional Court has the authority to
review legislation that contravenes the Constitution.
- Article 28A (1): The state protects and promotes human rights
and human liberty. International and regional conventions will be
taken into effect after being ratified.
Source: Constitutional Commission