Fri, 13 Nov 1998

Factions open door to reforming the Constitution

JAKARTA (JP): The People's Consultative Assembly removed on Thursday the longtime barriers for amendments to the 1945 Constitution, an effort repeatedly thwarted during Soeharto's 32- year rule.

The five factions' representatives on Commission B approved the revocation of a stipulation that a referendum be held before amendments could be made to the Constitution.

Both the United Development Party (PPP) and dominant political grouping Golkar appeared most outspoken about their intention to introduce changes.

But Golkar legislator Andi Matalatta conceded there were no concrete plans in the near future. He encouraged discourse on the issue and promised to heed public demands.

"To cite an example, we can target all issues dealing with presidency. We may find it necessary to hold direct presidential elections or to scrap the president's status as the Armed Forces highest commander," Andi said following the session deliberating amendments to the Assembly's internal rules and a proposal to lift the 1983 Assembly decree on referendum.

The 1945 Constitution took effect on Aug. 18, 1945, one day after the proclamation of independence. The country enacted different constitutions in 1949 and 1950, but returned to the original in 1959 after the lawmaking body failed to draw up a new constitution. Comprising just 37 chapters, the 1945 Constitution is deemed one of the simplest constitutions in the world.

Paradoxically, the Assembly issued in 1983 the decree requiring a referendum for any amendment to the Constitution, despite chapter 37 stating an amendment needs only two-thirds approval from a vote in an Assembly plenary session.

PPP senior legislator Zain Badjeber shared Andi's view on the direct presidential election, saying his party might push for an amendment on the issue.

"For a long time villagers have chosen their leaders through direct elections. This could also apply to the higher political posts," said Zain, who also chairs the commission.

Other amendments could be proposed to restrain a president's power through a check-and-balance mechanism, Zain said.

Critics charge that the 1945 Constitution, investing a president with wide-ranging legislative, executive and judicial powers, was abused by Soeharto to retain his grip on power.

Andi, who also chairs the Golkar faction in the House of Representatives, predicted the removal of the 1983 decree on referendum would in turn restore public confidence in the Assembly and ensure quality elections. (amd)