Expert calls for an overhaul of Constitution

JAKARTA (JP): Leading constitutional law expert Harun Alrasid yesterday called for an overhaul of the 1945 Constitution, which he said contains numerous shortcomings and elements antithetical to a more democratic political life in Indonesia.

In a discussion with legislators, human rights campaigners and scholars, Harun identified several stipulations in the Constitution, adopted by the country on August 18, 1945, which he said cause imbalances in the distribution of power.

Those provisos include the power granted to the President to issue decrees which are superior to the law, the ability to "veto" legislation enacted by the people's representatives, and the absence of presidential term limits.

"Many things (about it) worry me. The Constitution needs to be overhauled," Harun said at the discussion, where lawyers Adnan Buyung Nasution and Nursyahbani Katjasungkana were also present.

"In the United States, Congress can override the President's veto. Here, if the President says no, there will be no law," he said.

Other participants in the gathering included National Commission for Human Rights member Roekmini Koesoemoastoeti, legislator Oka Mahendra, politician Sri Bintang Pamungkas and journalist Eros Djarot.

To justify his suggestion, Harun said the very people who drew up the Constitution mandated that it be reviewed periodically. Since 1972, however, the People's Consultative Assembly (MPR), which has the power to elect the President, has ignored this responsibility.

He quoted the late first president Sukarno, who said in a speech to the members of the Committee for the Preparation for Indonesia's Independence (PPKI) in 1945 that the "Constitution is only a temporary one".

"This is an instantaneous Constitution," Sukarno said. "Later, when we have a more peaceful state life, we'll assemble the MPR to draw up a more complete and perfect Constitution."

The understanding in society today, however, is that the Constitution cannot be revised without somehow damaging the foundation of the state.

New

"I don't mean to say that we should have a new Constitution," Harun said. "What's important is that the MPR set up a new Constitution, which can also mean a revision of the old Constitution. This is the obligation of the MPR."

The gathering discussed at length various aspects in Indonesia's constitutional laws and their implementation in today's political life.

The participants touched on the chapters 1 and 21 in the Constitution which grant the President the power to establish laws and nullify bills initiated by the House of Representatives (DPR).

"This means that the President has a very dominant power in determining the dynamics of this nation," the Indonesian Legal Aid Foundation, which organized the event, stated during the discourse.

"The dominant power of the President is the reverse of democracy," the organizer added.

The absence of presidential term limits also causes a concentration of power in the hands of one person, YLBHI stated.

In addition, two chapters in the Constitution not only allow presidential power to dominate but they encourage the President to personify the laws, the organization said.

Harun, however, said that strengthening the DPR was a better option than "reducing presidential power".

He pointed out that there are three kinds of power attached to the presidential seat: one which is based on the Constitution, one based on legislature, and one "inherent" in the position.

The last power, he pointed out, enables the president to take extra-legal measures in order to save the nation in an emergency state.

Therefore, reducing the power of the President is not entirely necessary. "It's more important for the DPR to enact its amendment rights," he said, after pointing out the passivity of the DPR in the face of the executive power.

He also suggested that if there's one power to be revised, it should be the one which allows the President to establish decrees which take precedence over the law.

Harun is a professor at the University of Indonesia's Law School. In July, during a ceremony marking his professorship, he questioned the possibility of having more than one presidential candidate in 1998.

He said then that he wished to see more than one presidential candidate in the coming elections, but realized that it "may be nothing more than a beautiful dream". (swe)