Experts split on issue of constitution amendment

Experts split on issue of constitution amendment

JAKARTA (JP): Observers were divided yesterday over whether
Indonesia needs to amend the 1945 Constitution in order to
facilitate democratization.

During a seminar yesterday, constitutional law expert Harun
Alrasjid demanded that the new People's Consultative Assembly, to
be inducted tomorrow, revise the constitution and cited the
"violations to democracy it has caused".

The other speakers in the discussion were outgoing legislators
Oka Mahendra and Sabam Sirait, and political observer Muhammad
A.S. Hikam.

"The 1945 Constitution is a provisional law by nature and it
assigns the Assembly with the primary task of endorsing a new
constitution," Harun said.

The Assembly, which holds a general session every five years,
had not even formally adopted the 1945 Constitution since 1973,
he said.

The constitution, consisting of 37 simple articles, was
adopted by Indonesia's founding fathers the day after
independence on Aug. 18, 1945. The country changed the
constitution twice, in 1949 and 1950.

In 1959, then president Sukarno decreed the reinstatement of
the original 1945 Constitution after the body set up to create a
new constitution failed in its task.

The last article of the document says it is open to amendment
but the government has always opposed campaigns for a revision.

In 1985, the government passed the Referendum Law that
highlights the need for a referendum to approve an amendment.

The law virtually closes the door for revision because it
stipulates that the motion for amendment has to be supported by
at least two thirds of the Assembly members attending a session
to deliberate an amendment proposal.

The Assembly is dominated by Golkar which has pledged not to
change the constitution.

Harun said the document contains many vague stipulations that
have led to an interpretation which only favors the government.

"The constitution, for example, does not say anything about
the election of House of Representatives legislators, allowing
the government to enact a law that gives it an authority to
appoint legislators," he said.

Both Oka and Hikam challenged Harun's view, saying that a new
constitution would not guarantee significant political change.

Golkar legislator Oka said democracy could be encouraged
without amending the constitution.

"Improved democracy will depend on the next Assembly, on
whether it is willing to agree to some constitutional
conventions, including one that limits a president's tenure to
only two five-year terms," he said.

Hikam suggested that people, as well as the Assembly, offer
"counter-interpretation" of the constitution so as to better
accommodate people's aspirations.

Political observer Fachry Ali shared Hikam's view, saying that
efforts to change the constitution appeared impossible.

"The upcoming general session of the Assembly will serve as
the inauguration of a longtime political platform that is aimed
at maintaining the establishment," he said. "But the public can
put pressure on the government to be more responsive to their
demands."

The seminar was jointly held by the Center for the Study of
Democracy and Institute of Economic and Social Research,
Education and Information (LPPPES).

The 1,000 new members of the People's Consultative Assembly
(MPR) and House of Representatives (DPR) will convene next March
to elect a president and vice president and adopt the State
Guideline Policies. (amd)