Thu, 06 Sep 2001

Dialog on amendement of Constitution urged

JAKARTA (JP): Non-governmental organizations' activists called on the highest law-making body to open dialog with members of society who support the establishment of a constitutional commission.

"We are ready to meet with the MPR to further discuss the establishment of a constitutional commission," Smita Notosusanto of the Center for Electoral Reform (Cetro) told The Jakarta Post by phone on Wednesday evening. Cetro is a member NGO of the Coalition for a New Constitution.

The idea of the establishment of an independent constitutional commission should be widely disseminated among the public including members of the People's Consultative Assembly (MPR), Smita said.

She added that a number of experts had also expressed their readiness to meet with MPR members on the issue.

"At least two MPR factions, PPP and PKB, have agreed to meet us," she said referring to the United Development Party and the National Awakening Party.

Most factions in the MPR categorically rejected on Tuesday the concept of a constitutional commission proposed by the Indonesian Democratic Party of Struggle's (PDI Perjuangan) faction at an Ad Hoc Committee I meeting.

In a press briefing earlier on Wednesday, Cetro executive director Todung Mulya Lubis said that PDI Perjuangan had misinterpreted the idea proposed by President Megawati Soekarnoputri on the constitutional commission.

"The concept of PDI Perjuangan faction confuses the people," Todung said and added that he hoped the President would elaborate on her idea of the setting up of the commission.

In a statement read out by Smita, the coalition held that PDI Perjuangan faction's concept basically did not differ from the existing team of experts on constitutional amendment in the MPR.

She said that the concept, if implemented without public participation, would only be loaded by short-term political interests similar to the two previous amendments made in 1999 and 2000.

The prompt rejection of PDI Perjuangan's concept by other MPR factions reflected the poor understanding of the MPR of a working constitutional commission and its tendency to control the process of constitutional reform, the coalition said.

The coalition has proposed: -- The establishment of an independent constitutional commission during the MPR annual session in November -- Members of the commission shall be democratically elected -- Members of the commission shall consist of independent civilians from all provinces, social groups and experts -- The draft of a new constitution shall be submitted to the MPR for endorsement -- The MPR has no authority to make any changes to the draft.

Noted political scientist Mochtar Pabottingi who was present at the press briefing said that an independent constitutional commission was not the same as the sharing of ideas between experts and lawmakers.

"Because, in that forum the lawmakers are the decision makers. In other words, the selection of experts and ideas is determined by their political interests," he said.

Mochtar said that with the formation of an independent constitutional commission it was not the MPR that had the final say, but the commission itself.

"The experts in the constitutional commission would not be dictated to by the MPR," he added.

Fellow analyst Achmad Ali suggested the formation of the constitutional commission must not violate the Constitution which stipulated that the amendment process was under the authority of the MPR.

"The draft from the commission is an academic script. Although it is not binding, the working body of the MPR should consider the draft seriously," he said.

He suggested that the recruitment process for members of the commission should be carried out democratically.

"Military figures and politicians should be excluded," he added.

Separately, chairman of the MPR Ad Hoc Committee I on constitutional amendment Jakob Tobing said that PDI Perjuangan was determined to push its concept regardless of the opposition from the other MPR factions.

Public discussion on the issue was sparked by President Megawati who underlined the need to set up a constitutional commission in her state of the nation address last month. (08/tso/hbk)