Deadlock threatens constitutional amendment

Kurniawan Hari and Ahmad Junaidi, The Jakarta Post, Jakarta

People's Consultative Assembly (MPR) Speaker Amien Rais opened the Assembly's ten-day Annual Session on Thursday with a pledge to continue the constitutional amendment process as the threat of a deadlock loomed even larger with a number of Assembly members campaigning to block the endorsement of the amendment.

Amien said he expected that the fourth phase of the amendment to the 1945 Constitution would be completed during the session because it would pave the way for a more democratic Indonesia that fully respects human rights.

"We cannot turn back the clock to the (original) Constitution which consisted of 37 articles," said Amien, who is also chairman of the National Mandate Party (PAN).

He cautioned against the wishes of certain members of the nation for a return to the original Constitution, saying that the amendment was mandated by the student-led reform movement that was supported by the people.

"The amendment is a historical demand that is difficult to avoid. It's God's will that a human creation (Constitution) needs to be adjusted to keep up with a changing world," he said, adding that the nation should not forget the negative impact resulting from the implementation of the 1945 Constitution.

The 1945 Constitution has been amended three times since 1999, after the downfall of former president Soeharto. Two most contentious articles of the fourth constitutional amendment package are Article 2 on the composition of MPR members and Article 6A on direct presidential elections.

Only 520 of the Assembly's 700 members attended the opening session. President Megawati Soekarnoputri, Vice President Hamzah Haz and several Cabinet ministers, as well as foreign diplomats and ten members of British parliament also attended the opening.

The opening session was marked by interruptions from three legislators: one from the Indonesian Democratic Party of Struggle (PDI Perjuangan) faction; and the other two from the Interest Groups faction. The three voiced their rejection of the amendment process.

Syahrul Azmir Matondang of PDI Perjuangan accused MPR members of violating their oath to uphold Pancasila state ideology and the 1945 Constitution.

"We should reject the current amendment, which means a new constitution and a new system (far different from the old one)," Matondang said.

Muhammad Ali and Affifudin Thaib of the Interest Groups faction supported Matondang's call to reject the amendment.

Many legislators from PDI Perjuangan are known for their conservative view and blind loyalty to the 1945 Constitution. The Interest Groups Faction, meanwhile, opposes the amendment which, if endorsed by the Assembly, would scrap their presence in the highest legislative body after the next general election in 2004.

In the past, members of the Interest Groups were appointed by Soeharto, but after the 1999 general election, all 65 members were selected by the General Election Commission (KPU).

Amien also threw support behind the rejection of the inclusion of the Jakarta Charter in the Constitution.

"There are some who want the inclusion of the Jakarta Charter (in the Constitution), while others have suggested meeting in the middle by including a phrase that states that all believers should practice their religions," Amien said in his opening speech.

Several radical Muslim groups, including the Islamic-based United Development Party (PPP), which is chaired by Vice President Hamzah Haz, have been pushing for the inclusion of the charter, which obliges Muslims to follow sharia (Islamic law).

Meanwhile a group of legislators calling themselves the People's Movement to Reject Constitutional Amendment (Geram) distributed books to all legislators when the Assembly was about to begin Thursday's session.

The 176-page book was written by Bambang Pranoto, one of dozens of legislators from PDI Perjuangan who reject the amendment.

This group of legislators has formed a coalition with several members of the Interest Groups Faction and the National Awakening Party (PKB) to create a more powerful camp to thwart the fourth phase of the amendments.

"We have won the support of many inter-faction legislators. Guruh Soekarnoputra and Mas Taufik (Kiemas) are among the signatories rejecting the amendment," PDI Perjuangan legislator Suwignyo said, referring to President Megawati's brother and husband respectively.

Speaking to the media after a closed-door meeting, a member of the Interest Groups Faction, Hartati Murdaya, confirmed that 57 legislators of the 65-strong faction had expressed their support for the move.

The meeting took place at the office of Deputy House Speaker Soetardjo Soerjogoeritno, a veteran leader of PDI Perjuangan.

Based on the House rules, it requires the presence of at least two-thirds of MPR members to decide on the amendment. Even if the number of legislators from PDI Perjuangan rejecting the amendment reaches about 100, the chances of a deadlock are slim.

PDI Perjuangan has 181 members in the Assembly. Even a combination of 100 PDI Perjuangan legislators, 65 legislators of the Interest Groups, and 38 legislators from the TNI/National Police faction will not be sufficient to foil the endorsement of the amendment. It will take at least 220 votes, or one third of the total votes, to block the process.

Suwignyo claimed that the maneuver was aimed at bringing the amendment process onto the right track. He reiterated that the adoption of a bicameral system, for example, was a deviation from the concept of the Unitary Republic of Indonesia and was therefore unacceptable.

PDI Perjuangan however is believed to be ill-prepared to contest in a direct presidential election in 2004, which explains efforts by some of its members to find strong reasons for a delay until 2009.

The TNI/National Police faction is also threatened by the adoption of the bicameral system. However, the TNI/National Police asserted on Thursday that it would not block the amendment process.

"We are only offering alternatives. Please, let's discuss the matter," said Indonesian Military (TNI) Commander Gen. Endriartono Sutarto after attending the opening of the session.

TNI spokesman Maj. Gen. Sjafrie Sjamsoeddin clarified reports that the military rejected the amendment and wanted a return to the unamended 1945 Constitution.

Sjafrie said in case of a deadlock, the military proposed the return to the unamended articles, rather than a complete return to the 1945 Constitution as earlier feared.