Constitutional commission put off till 2003

Constitutional commission put off till 2003

Kurniawan Hari, The Jakarta Post, Jakarta

Despite disagreement on two contentious articles, the People's
Consultative Assembly (MPR) is expected to endorse the final
phase of the current constitutional amendment process during a
plenary session on Friday, but has delayed the establishment of a
constitutional commission until 2003.

The two articles, one on the composition of the MPR and one on
religion, remain a source of contention and now have to be
brought before the plenary session on Friday after the commission
tasked with their deliberation failed to reach a decision (see
table).

Assembly Speaker Amien Rais, meanwhile, expressed optimism
that the plenary session would endorse the fourth batch of
amendments.

"We are grateful that only two articles are left for
deliberation. Even with the two articles being brought before the
plenary session, I'm sure it will not be a difficult issue to
solve," Amien said on Thursday night.

The United Development Party (PPP), the Daulatul Ummah Party
(PDU) and the Crescent Star Party factions are insisting that the
Jakarta Charter be included in Article 29 of the 1945
Constitution. The other factions have agreed to bring Article 29
as well as Article 2(1) on the composition of the MPR to the
plenary session, which will make the final decision.

Article 2(1) is crucial because the fate of the 2004 general
election hinges on its endorsement. The bill on general elections
is hanging in the balance, pending the amendment of Article 2(1).

Amien also said he was convinced an agreement on Article 29
would be reached without a vote.

"There's no need for a vote, because we can expect wisdom,
mutual respect, that would make voting unnecessary," Amien added.

There are fears that the decision on the two articles,
particularly Article 29, will be made through a vote. Voting on
these two issues is feared to open a possibility of horse-
trading.

Commission A on the amendment of the Constitution also agreed
last night to set up a constitutional commission through an MPR
decree.

The factions finalized the drafting of the decree last night
after four hours of deliberation from 4 p.m. to 8 p.m. Faction
leaders then reported on the decree to President Megawati
Soekarnoputri at her residence on Jl. Teuku Umar, Central
Jakarta.

According to the decree, an MPR working body will be tasked
with the establishment of the constitutional commission and will
be given a year to complete the assignment. It will decide the
form, membership and powers of the commission and submit the
results to the Assembly's Annual Session in 2003 at the latest.

Commission A chairman Jakob Tobing also hinted that despite
disagreement over the constitutional commission, the fourth raft
of amendments would be endorsed.

Commission A reconvened at 10 p.m. last night to finalize the
decree.

Earlier, the factions had disagreed on basically everything
about the commission, including its name. The Golkar Party
faction, for example, proposed a completely different name, the
national committee for the improvement of the Constitution
(PNPK).

A vote on the contentious issues would end the debate but
legislators have hinted that they would prefer a consensus.

The public has been concerned about the possibility of
deadlock in the constitutional amendment process. Early in the
Annual Session, a group of the Indonesian Democratic Party of
Struggle (PDI Perjuangan) legislators had tried to block the
amendment process. The PDI Perjuangan legislators, supported by
members of the Interest Groups faction, managed to collect about
200 signatures to oppose the fourth batch of amendments.

They claimed, among other things, that the MPR no longer had
the authority to pass the amendments.

The Interest Groups faction, whose membership in the MPR is
threatened by the endorsement of the latest amendments, have also
tried to garner support to reject the amendment process.

Articles of contention

Article 2 Paragraph 1

Alternative 1: The People's Consultative Assembly consists
of members of the House of Representatives and members of the
Regional Representatives Council elected in general elections,
plus the Interest Groups elected by the House of Representatives,
as regulated further by law.

Alternative 2: The People's Consultative Assembly consists
of members of the House of Representatives and members of the
Regional Representatives Council elected in general elections and
regulated further by law.

Article 29 Paragraph 1

Alternative 1: The state is based on one Supreme God.

Alternative 2: The state is based on one Supreme God with
the obligation for followers to practice sharia.

Alternative 3: The state is based on one Supreme God with
the obligation for adherents to practice their religions.

Article 29 Paragraph 2

Alternative 1: The state guarantees the freedom of its
citizens to practice religion and to worship according to their
religion or faith.

Alternative 2: The state guarantees the freedom of citizens
to practice religion and to worship according to their religion.