Factions prevaricate, agree to constitutional commission

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.