Deadlock threatens constitutional amendment

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.