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)