Mon, 01 Jun 1998

Let students participate in reform process

By Johannes Nugroho

JAKARTA (JP): Soeharto's resignation from his previously invincible presidency was a momentous turning point in Indonesian history. B.J. Habibie, formerly Vice President, acceded to the office, leading what is necessarily, by the supreme command of the people of Indonesia, a transitional government. The inevitable demise of the seemingly perennial ruler stunned the populace into a contemplative combination of joy and pondering.

Yet such contemplative moments must cease very soon, considering the political and economic abyss which the New Order government left behind. The inception of the transitional government, whose aim is to conduct a fair and democratic general election, is the order of the day. A new set of people's representatives is an indispensable basic on which a "liberated" Indonesia is to be founded.

Inasmuch as we have chosen the constitutional path to reformation, we are faced with the dilemma of having to trust again political figures who prima facie are unworthy of such trust.

It was only a few weeks ago that Habibie, as vice president, in response to the blatant majority support for an extraordinary session of the People's Consultative Assembly (MPR), blurted: "We have only been in office for two months. We now have those who demand an extraordinary session (of the MPR). Those who do so are making an affront to democracy and an insult to the people."

In so doing, we are perfectly aware of the necessity to rewrite our political bills dealing with the ballot, political parties and the composition of the MPR and the House of Representatives (DPR). Nonetheless, it is of equal paramount importance that a press act be drafted in conjunction with the political bills, safeguarding and affirming, as the first Amendment of the American Constitution states, "the awesome freedom and awesome responsibility" of the press.

A liberated press could act as an "agent controleur" for the transitional government during the process of rewriting the political bills, and the press is the ideal forum through which administrative transparency could be attained. The press, in the long run, would be beneficial for nurturing critical and civil libertarian public mentality, eradicating the intimidated wong cilik (inferior man) mentality for good.

Another advantage of free press is the anticipated implementation of a "district ballot system", which will personalize polities as the candidates become more important than the political parties they represent. The implementation of the district ballot system in the absence of free press would be ludicrous.

To confound and thwart any attempt at manifesting certain groups' or individuals' vested interests in the reform process, another mechanism of checks and balance is duly unexpendable. A question has been posed by political analysts as how to contain the previously ignored voices outside the system.

The likes of Amien Rais, Megawati Soekarnoputri, Nurcholish Madjid, Loeby Luqman, Emil Salim, Sri Mulyani and even Sri Bintang Pamungkas, who were effectively hindered from entering the system, are now an integral part of our thorough reform. These voices are too invaluable to be kept inaudible.

These figures were in accordance with Soeharto's reform council deal, originally to be assigned to the said council. However, the aftermath of the resignation has rendered the deal annulled. Arguably, the "Soehartoesque" council really has no constitutional precedent and is of dubious legitimacy. Therefore, through what mechanism can these figures participate in the reform?

If we are to refer back to the 1945 Constitution, there is a state institution which the New Order has transformed into an old people's home for retired government officials, ministers and generals, namely the Supreme Advisory Council.

While the definitive role of the council is somewhat vague according to the constitution, its job description, in Article 16, includes being "endowed with the duty to present answers to the President's questions and being entitled to give advice to the government."

Consequently, it is within constitutional boundaries to return the council to its rightful place which the New Order's selective negligence has overlooked. Having done so, the transitional government could install the so-called "critical" figures into the council with the assent of the DPR. It is worth noting that the DPR must necessarily be omniscient and omniacquiescent so far as the executive's conduct is concerned during the course of the reform.

Moreover, university students, as the instigators of reform, are to be granted the prerogative to oversee and have a say in the reform process. A number of university students' representatives could be allowed into legislative sessions acting as observers and active participants in legislative deliberation. These students' representatives could even be installed as members of the MPR if needed.

Constitutionally speaking, the move is not wholly unconstitutional, as Article 2 allows representatives of groups in the populace to be included. The presence of students' representatives is no more constitutional than the unelected Armed Forces (ABRI) representatives, which have no constitutional legitimacy to sit in the legislature whatsoever. In fact, the large presence of ABRI in the MPR is not conducive to democracy and ought to be restricted or totally eliminated under the new bill governing the composition of the MPR.

In order to ensure effective and rapid progress of the reform, the DPR would be necessitated to issue definite working deadlines for the government. This is crucial in warding off any vested interests to retard the reform to any particular group's or individual's advantage.

Having secured the initial step to reform in the presidential resignation, the Indonesian people could hope to look forward to a better future. The present young generation has been given the privilege to decisively remold the kind of Indonesia we want to live in. It is a historic privilege for which the world would be watching us. Liberte, Equalite, Fraternite, Vive la democratie.

The writer works at the International Language Program, Surabaya.

Window: Inasmuch as we have chosen the constitutional path to reformation, we are faced with the dilemma of having to trust again political figures who prima facie are unworthy of such trust.