House revokes 1985 referendum law

JAKARTA (JP): The four House factions agreed on Monday to repeal the 1985 Law on Referenda, a historical milestone that has opened the way for amendments to the 1945 Constitution.

In the plenary session of the House of Representatives (DPR) presided over by Deputy House Speaker Hari Sabarno, Minister of Home Affairs Syarwan Hamid, representing the government, described the law as confusing and disruptive of Indonesia's constitutional system.

The now defunct law stipulated the application of a direct referendum before any amendment could be made to the Constitution, a violation of the representative democratic system that Indonesia adheres to.

"This is an historical milestone ... along the path of democratization toward a civil society," Syarwan was quoted by Antara as telling members of Golkar, the Armed Forces (ABRI), the Indonesian Democratic Party (PDI) and the United Development Party (PPP) factions.

He pointed out how the Constitution itself does not have any rulings on referenda.

PPP spokesman Djufrie Asmoredjo said the law has effectively obstructed any attempts at improving the Constitution.

Golkar spokesman H.R. Hariono conceded the law was prepared at a time when there was an excessive fear of any notion of changing the Constitution, so much so that the document was treated as sacred.

Critics have said the Constitution needs to be amended so that it can better protect, for instance, press freedom. The New Order regime under Soeharto, however, effectively thwarted any motions to introduce changes by branding people who initiated them as subversive.

This was despite the fact that the Constitution itself stipulates that amendments simply need the backing of two-thirds of the People's Consultative Assembly (MPR).

The motion to annul the 1985 Law on Referenda was contained in a bill consisting only of two articles imposing the revocation of the previous law and the immediate application of the new. This was the document that was endorsed by the House on Monday.

The 1985 referendum law was seen as part and parcel of the much criticized New Order's five political laws; the laws on elections, on political parties, on Golkar and mass organizations, and on the structure and position of the MPR/DPR. (swe)