'Form committee to amend Constitution'

The amendment of the Constitution is one of the controversial issues in the ongoing Annual Session of the People's Consultative Assembly (MPR). Lawyer Abdul Hakim Garuda Nusantara warns the Assembly against rushed decisions.

Question:Some MPR factions, including the Indonesian Democratic Party of Struggle (PDI Perjuangan), have objected to the amendment of the Constitution's article 29 on religion. Do you think they will have to vote on it?

Answer: Even though the Constitution allows the MPR to make decisions through voting, sensitive issues such as religious affairs must be decided through consensus. The Assembly should not put a priority on the amendment of the article and the issue, therefore, must be delayed.

(Point 1 of article 29 says, "The state is based on belief in One and Only God," while some factions have proposed that the point be added "with an obligation for Muslims to adhere to Islamic law." - Ed.)

Q: What if a party insists on amendment through voting?

A: Any insistence on the amendment would mean rejection of the plurality of the nation. If that really happens, we ... would suffer a set-back because such an amended constitution would no longer meet the requirements of modern and democratic principles.

Voting on the amendment of article 29 may cause social disintegration because the resistance against such an amendment may spread among the members of the public.

Q: Outside the MPR, some parties, including military veterans, have proposed that the current Assembly not make any changes to the constitution on the grounds that its members lack expertise and that the timing is inappropriate. Your comment?

A: The MPR actually has the authority to draft a new constitution or a constitutional amendment. It adopted the First Amendment last November and ... all factions approved. But because the MPR members apparently want to make large-scale changes and to revise the paradigms introduced by the 1945 Constitution, it would be better served by appointing a state committee to prepare a draft for a new comprehensive constitution.

In this Session the MPR should therefore issue a decree on the establishment of the proposed state committee, which should be entrusted with the task of preparing a draft constitution within one year. The MPR would then be expected to deliberate the draft and issue a decree on the new constitution of the republic at next year's Annual Session.

Q: Who should sit on this proposed committee?

A: Its membership should at least include experts on constitutional law and human rights as well as politicians from among the MPR's members. We hope that the committee, with its wide-ranging membership, will be able to produce a more comprehensive constitution than the 1945 Constitution, which, even after being amended, will not be able to accommodate all aspirations and interests.

Q: What requirements should be met by the proposed constitution?

A: The proposed constitution must be based on the principles of modernity, democracy and civilization. So it should meet these requirements:

First, it must confirm that Indonesia is a law-abiding country. Second, it must recognize and provide sufficient protection for human rights.

To guarantee that the nation will not return to the "dark era" of the New Order, protection of human rights must place equal stress on the respect of civil and political rights as on the upholding of economic, social and cultural rights.

Third, the proposed constitution must provide adequate prescription for power sharing so as to guarantee checks and balances as between the executive, legislative and judicial institutions and between the central and local governments.

Fourth, unlike the 1945 Constitution, which only refers to the use of natural resources (as in article 33), the proposed constitution must stipulate environmental conservation in the interest of future generations.

Fifth, the proposed constitution must accommodate the increased participation of women and indigenous people in national development activities.

Sixth, it must recognize and respect the nation's cultural plurality.

Q: Does your proposal of the above committee mean that the MPR should stop considering the amendment of the constitution at its ongoing meetings?

A: I think the MPR may continue elaborating the concept of the amendments that it been concerned with but it should not make decisions through voting, particularly as regards sensitive issues relating to plurality. (Rikza Abdullah)