Thu, 08 Aug 2002

Factions prevaricate, agree to constitutional commission

Kurniawan Hari, The Jakarta Post, Jakarta

All but one faction in the People's Consultative Assembly (MPR) Commission A agreed on Wednesday to the establishment of a constitutional commission, paving the way for the endorsement of the fourth round of constitutional amendments.

The factions supporting a constitutional commission, however, offered different timetables for its establishment and differed on its form and powers.

The fourth round of amendments is crucial because its endorsement will ensure the passage of several bills, including the political bills that are designed to guarantee a more democratic Indonesia.

Deliberation on the constitutional commission, which was part of the discussions on the amendment of Article 37 on constitutional amendments, would be continued on Thursday morning because factions failed to reach an agreement on several crucial points on Wednesday as scheduled.

Commission A is expected to submit a report on the amendment process to a plenary session of the Assembly later on Thursday.

MPR speaker Amien Rais earlier had expressed optimism that the commission would be set up.

"We need only to agree on five things, namely recruitment of its members, members' qualifications, its authority, the time frame and to whom it should account for its work," Amien was quoted by Antara as saying on Wednesday.

He warned however that it would still take time to set up the commission.

"It would take six months to form the commission."

Amien suggested that the commission be set up in 2003.

With discussions on the constitutional commission nearly completed, the Assembly has now only to reach agreement on several issues, including the composition of the MPR, sharia, national education and the banking authority. A vote on the above issues would end the debates, although legislators would prefer a consensus.

The Indonesian Democratic Party of Struggle (PDI Perjuangan), Golkar, the National Awakening Party (PKB), and the Indonesian Military/National Police factions were among those supporting the establishment of a commission.

Despite the encouraging developments in the debate on a constitutional commission, none of the factions addressed demands for public participation in the commission.

Judging from the proposals submitted by the factions who support the commission, the planned commission could not be expected to produce a people's constitution, a constitution that allows the people to determine their own fate.

"The proposals limit the authority of the people. The concepts are totally different from the one outlined by the coalition (of scholars and activists)," said constitutional reform campaigner Todung Mulya Lubis during a press conference at the Assembly building on Wednesday.

He was referring to a proposal from the Coalition for A New Constitution, which would ensure public participation in the drafting of a new basic law.

Instead of giving the proposed commission full authority to draft a new constitution, most factions simply want to give the commission the power to synchronize the results of earlier amendments.

The factions also insist that they be allocated seats on the commission, thereby rejecting calls for an independent commission.

The Golkar Party faction, meanwhile, proposed that a national committee for the improvement of the Constitution (PNPK) be set up to prevent the fourth amendment process from disrupting preparations for the 2004 general election.

"The fourth batch of amendments is essential for the passage of bills that will provide a legal basis for a smooth general election in 2004," said Golkar faction coordinator Andi Mattalatta.