Dialog on amendement of Constitution urged
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)