Experts, activists push for constitutional commission

Experts, activists push for constitutional commission

Tertiani ZB Simanjuntak, The Jakarta Post, Jakarta

Pressure from certain politicians to halt the amendment process
has merely intensified efforts to form a constitutional
commission, according to activists and constitutional law
experts.

Bambang Widjojanto of the Center for Electoral Reform (CETRO)
revealed on Friday that efforts by members of the People's
Consultative Assembly (MPR) to foil the endorsement of the fourth
phase of the amendment to the 1945 Constitution would result in a
deadlock.

"And if there is a deadlock, it will become more relevant to
push for the establishment of a constitutional commission to take
over the amendment process from the MPR," he remarked.

Bambang, who is a member of the Coalition for A New
Constitution, was speaking to reporters on the sidelines of the
fifth roundtable discussion held by the coalition and experts on
the structure and the mechanism of the proposed constitutional
commission.

The coalition suggested that the Assembly pass the amended
1945 Constitution and declare it as a transitional constitution
with a Constitutional Court serving as a back up should problems
arise due to the overlapping clauses in the amended Constitution,
he explained.

An article in the third amendment states that the
Constitutional Court serves to review the law and to resolve
disputes among the various state institutions which were given by
the Constitution.

The coalition comprises noted experts such as political
observers Mochtar Pabotinggi, Chusnul Mar'iyah, Afan Gaffar and
J. Kristiadi; Supreme Court Justice Laica Marzuki; researcher
Daniel Dhakidae; legal experts Donald Rumokoy, Kamal Firdaus and
constitutional law experts Daud Busro and Todung Mulya Lubis.

The discussion was focused on producing a concrete proposal
for an ideal constitution, its fundamental principles and the
mechanism that should be taken by such a commission should it
face difficulties in the deliberation.

The members of the coalition discussed suggestions from
several politicians for the inclusion of legislators as members
of the constitutional commission to ensure a continuity in the
amendment process.

However, Daud Busro of Sriwijaya University in Palembang,
South Sumatra, insisted that the commission should only consist
of independent experts to avoid any political bargaining in the
process -- a major criticism of the current process.

Many people, including several political parties, believe the
Assembly members, who are in the process of amending the 1945
Constitution have abandoned the spirit of reform due to a lack of
participation from the public, both in the gathering of general
opinions and in the publicizing of the articles to be amended.

Todung, however, expressed doubt that political parties would
be willing to grant full authority to the commission to draft a
completely new Constitution.

"We need a change of paradigm to give a soul to the
Constitution, to create one that people can declare as theirs,"
said Todung.