Differences hamper prospects for constitutional commission

Differences hamper prospects for constitutional commission

Berni K. Moestafa, The Jakarta Post, Jakarta

In an unlikely agreement, non-governmental organizations
(NGOs), the military and various political parties have demanded
that a commission take over constitutional reform talks from the
legislature. But differences over what the commission should do
have weakened its chances of materializing.

The People's Consultative Assembly (MPR) Annual Session is
entering its second day, with, as its main agenda, concluding the
four-year-long amendment to the 1945 Constitution.

During the 10-day session, legislators will have to unite
seemingly unbridgeable differences on changes in the
Constitution, with some rejecting the amendment entirely. Concern
over deadlock befalling the 700-strong Assembly is strong.

Outside, public support behind the amendment is waning,
with critics accusing party politicking of damaging the new
Constitution's credibility.

Some analysts have noted the difficulties of uniting reform-
minded legislators with those viewing the 1945 Constitution as
sacred. The result was liable to criticism, they said.

NGOs under the Coalition for a New Constitution, political
scientists and the military have joined ranks to call for a
commission to take over the amendment.

Political parties, such as the Indonesian Democratic Party of
Struggle (PDI Perjuangan) and the National Awakening Party (PKB)
have produced similar ideas, as several lawmakers have done in
private.

But these calls are divided over the purpose of the
commission. The coalition demands a new constitution, while the
military and political parties say the commission must only iron
out inconsistencies arising from earlier amendments.

Coalition NGOs call for an independent commission with full
authority to draw up a new constitution, an arrangement whereby
the MPR's endorsement would merely be a formality.

Parties and the military reject a new constitution and insist
the MPR should have the final say on any changes to the
Constitution.

With such a lack of common ground, neither the government nor
the MPR foresee a tidal wave emanating from calls for a
commission.

"We cannot rush into forming a commission; perhaps by 2004,
for example," Minister of Home Affairs Hari Sabarno was quoted as
saying by Antara on Thursday.

Minister of Justice and Human Rights Yusril Ihza Mahendra said
the commission had no legal basis and could only advise the MPR.

Assembly Speaker Amien Rais expressed optimism that the MPR
session would produce an amended Constitution acceptable to all
factions.

House of Representatives Speaker Akbar Tandjung agreed with
the military that in a deadlock at the MPR, Indonesia had better
return to the 1945 Constitution.

While such a move might prevent a constitutional crisis, it
would deal a blow to the reform movement, which seeks to balance
the power of the government and the legislature through a new
constitution.