Expert says laws inconsistent with Constitution needs review

JAKARTA (JP): Legal expert Loebby Loqman called yesterday for a review of Indonesian laws that do not comply with the 1945 Constitution.

Speaking in a discussion on the 1959 presidential decree that restored the country's first constitution, Loebby suggested that a judicial review board be set up to evaluate these laws.

"Are the existing laws in line with the constitution? Some say they are, some say are not," said Loebby. "A special board is needed to do the evaluating so that people don't push for their personal interpretation of the laws."

He said the government should not act as the sole interpreter of the constitution, citing the danger of interference because of its political interests.

"The government should implement the constitution properly. But you tell me, has it?" he challenged the audience.

Loebby, a professor at the University of Indonesia's Law School, said he would prefer to see the review board attached to the Supreme Court, but added that he would still support the board if it was established as an independent body.

The 1945 Constitution has 37 articles, much less than other national constitutions. Most of the articles state that day-to- day regulation should be done by lower laws.

The 1945 Constitution was enacted by the Committee for the Preparation of Indonesia's Independence a day after Sukarno and Hatta proclaimed independence on Aug. 17, 1945.

Although it only provides basic law, the constitution has never been amended. It was shelved between 1949 and 1959. On July 5, 1959, the late president Sukarno decreed a return to the 1945 Constitution.

Experts have explained that because of its briefness, the 1945 Constitution is easily misinterpreted. Many have said that the constitution should be reviewed.

Last February, government critic Sri Bintang Pamungkas made a draft amendment to the constitution.

Loebby said Indonesia would be better off producing laws that were good for modern society rather than amend the constitution.

The constitution can only be amended by the People's Consultative Assembly (MPR) through a vote. A 1985 law declares that even if the assembly approved any amendments, they must be put to referendum.

"The current assembly has agreed not to make any amendments and I predict so will the next assembly," said Loebby.

Lawyer Luhut M.P. Pangaribuan seconded Loebby's opinion that the board be attached to the Supreme Court. He told The Jakarta Post in a separate interview that the Supreme Court should be empowered to conduct judicial reviews of the constitution and other laws.

Yesterday's discussion was held by the Association of Indonesian Catholic Students. All but one speaker failed to attend with freedom fighter Roeslan Abdulgani among those absent. (35)