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.