Constitutional commission 'is a must'

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".