Constitutional commission 'is a must'
Tertiani ZB Simanjuntak, The Jakarta Post, Jakarta
Pressure increased on Wednesday for the establishment of a constitutional commission, with the Coalition for a New Constitution joining calls for the commission to take over the amendment process from the People's Consultative Assembly (MPR), which begins its Annual Session on Thursday.
The coalition groups several organizations, including the Center for Electoral Reform (CETRO), the Jakarta Legal Aid Institute (LBH Jakarta), the Indonesian Forum for the Environment (Walhi), the Women's Coalition, the Commission for National Law Reform (KRHN), and individuals, such as noted lawyer and human rights advocate Todung Mulya Lubis.
"The process and results of the ongoing amendment to the Constitution are in violation of the spirit of reform. A constitutional commission is a must and the Assembly has to endorse it this year," coalition member Hadar N. Gumay of CETRO told a media conference.
Paulus Mahulette of LBH Jakarta added that the coalition also urged the Assembly to provide for the establishment of the commission by amending Article 37 of the 1945 Constitution and to declare the amended Constitution as a transitional constitution.
Should the Assembly meet the demands, the commission would be tasked with drafting changes or the amendment to the Constitution and even creating a new constitution for a year before handing it over to the Assembly to be endorsed. If the Assembly rejects the draft, the coalition suggests it hold a referendum.
The 10-day Annual Session will focus on the finalization of seven articles in the fourth stage of the amendment. Many people are doubtful the deliberation will not meet a deadlock, suspecting political horse-trading in the lobbies.
Last year, the Assembly refused demands to amend Article 37 on the amendment to the Constitution.
The Assembly started the amendment process in 1998 following the downfall of then president Soeharto, ignoring demands for an independent commission to amend the Constitution that many believe was authoritarian.
The 700-strong Assembly -- comprising politicians, regional representatives and interest groups -- is considered partial and not representative of the population.
Coalition activists note that the Assembly's failure to involve the public in the amendment process has resulted in a Constitution that is no better than the original one.
The Constitution gives excessive power to the executive and functional groups, while the amended version simply shifts the overriding authority to the legislative bodies, according to the activists.
Starting a nationwide campaign in 2001, the coalition had obtained support from the influential National Awakening Party (PKB), the Golkar Party and the United Development Party (PPP).
PKB has been pushing relentlessly for the presence of the commission since the 2001 Annual Session. PPP, on the other hand, believes that a commission is not an urgent need and can wait until 2004.
The latest call for a constitutional commission came on Tuesday from the Indonesian Military (TNI) and the National Police, as well as intellectuals, researchers and student bodies.
CETRO member Bambang Widjojanto, however, cast doubt over the true intent of the proposal for the commission, saying he suspected "a delaying tactic from the factions in the legislature to halt the amendment in a bid to secure power".