Constitutional changes raise debate

Constitutional changes raise debate

JAKARTA (JP): The amendment to the 1945 Constitution being
prepared by the People's Consultative Assembly (MPR) adopts
numerous new improvements compatible with the climate of reform,
but several proposals are generating criticism and deep concern.

Besides reconstructing out-of-date material and ambiguous
references that allow for misinterpretation, the Assembly's Ad
Hoc Committee preparing the amendments also expect to insert at
least two new articles on general elections and human rights.

There is agreement from all factions in the committee that the
constitution's preamble, believed to be the spirit of the nation,
needs no changes.

They also agreed not to amend articles on the House of
Representatives, general elections, ministers, regional
administrations, State Audit Agency, the country's territory,
citizenship and population, defense and security, economy and
social welfare, national flag, language, state symbol and
national anthem.

The committee chairman, Jacob Tobing, told The Jakarta Post
over the weekend that the preamble and the ten articles were
maintained because their substance is still up to date and
relevant.

"Our concern is that the state institutions, especially the
legislative body and the State Audit Agency were not empowered in
the past, causing the absence of a check and balance which led to
corruption," he said.

Election

Jacob, a member of the Indonesian Democratic Party of Struggle
(PDI Perjuangan) faction, conceded that factions in the committee
were still divided over numerous crucial matters, especially the
state's principles and sovereignty, the Assembly's functions and
rights, legislative functions at provincial and regency levels,
presidential and vice presidential elections and secession for a
vacated vice presidential position.

One of the most crucial debates will be whether factions agree
to direct presidential elections.

Initially the Golkar Party faction and several minority
factions proposed direct presidential elections starting in 2004
with the PDI Perjuangan faction consistently supporting the
current system of presidential election by the Assembly.

The issue came to the fore after strong lobbying from numerous
non-governmental organizations for direct presidential elections.

Golkar is believed to support a direct presidential election
because of its established network throughout the country.

However, several observers noted that Golkar seems to have
changed its position after some closed door lobbying from other
parties.

Factions are also divided over the possible inclusion of
Islamic law (syariah), in some articles of the constitution,
which is being pushed by several Islamic-based parties.

PDI Perjuangan, the Indonesian Military/Police and the Love
the Nation Democratic Party factions are among those who oppose
the idea.

Observers believe that the inclusion of Islamic law is aimed
at winning the sympathy of the predominantly Moslem voters.

"But they seem not to be aware of the pluralist nature of the
nation. The nation's heterogeneity with its various ethnicities,
races, religions and cultures must be accepted to maintain
national integration," said Postdam Hutasoit of the PDI
Perjuangan faction.

The amendment process itself has also sparked criticism from
experts, observers and nongovernmental organizations which
accused the Assembly's Working Committee of failing to heed the
people's aspirations.

Constitutional expert Harun Alrasid from the University of
Indonesia, opposed the amendment, saying the Assembly has
"misunderstood" the constitution which regulates the Assembly's
task to make a new constitution to replace the old one.

"The Assembly could adopt a bigger part of the prevailing
constitution's materials but they should construct a new
constitution," Harun remarked.

He also rued the issuance of numerous Assembly decrees and new
draft decrees some of which he claimed were more powerful and
some in violation of the constitution itself.

"Seen from a constitutional point of view, these Assembly
decrees have no legal basis, they should be revoked. All crucial
matters that are not contained in the constitution should be
inserted as laws," he said.

He proposed the establishment of an independent expert team to
amend the constitution or to make a new constitution.

Mochtar Pabottingi, a senior researcher from the Indonesian
Institute of Sciences (LIPI), regretted that all factions at the
Working Committee seem trapped in their own political interests
and ignored the national interests and the nation's future in
constructing the amendment.

He said the reform movement launched three years ago was aimed
not only at empowering the legislative bodies but, mainly, at
upholding people's sovereignty.

"In constructing the amendment, the Assembly should listen to
the people's aspirations and not their parties' political
interests," he said.

Non-governmental organizations, law practitioners and
universities also criticized the Assembly since it was not
transparent in its constitutional amendment deliberations.

Many NGOs complained that all suggestions were left unheeded
while the deliberations themselves failed to invite all
components of society to participate and give their thoughts and
ideas.

Legal activists Bambang Widjojanto lamented that the Assembly
had no format or reference in amending the constitution and it
has underestimated the capability of the public, including NGOs
and experts, by completely neglecting them.

"The Assembly should set up or call for an independent state
commission to amend the constitution to make the amendment free
from parties' political interests," he said. (rms)