Military, Police call for return to 1945 Constitution

Military, Police call for return to 1945 Constitution

Tiarma Siboro, The Jakarta Post, Jakarta

As the Annual Session of the People's Consultative Assembly (MPR)
draws near, the Indonesian Military (TNI), along with the
National Police, has maintained its opposition to the ongoing
constitutional amendment process and is calling for a return to
the (unamended) 1945 Constitution.

TNI chief Gen. Endriartono Sutarto said on Tuesday that the
amendment process had deviated from its original purpose and that
"the TNI and the National Police will support any decision made
at the upcoming Annual Session, slated to run from Aug. 1 through
Aug. 10, including the possibility of issuing a decree providing
for the reinstatement of the 1945 Constitution if this was
considered the best choice for the country."

Addressing a press conference with chief editors from local
and foreign media here on Tuesday, Endriartono supported the
proposed establishment of a Constitutional Commission, comprising
constitutional law experts and non-political groups to take over
the amendment process.

"Amending the 1945 Constitution should not be seen as an
effort to establish a new Constitution as there are some state
principles that cannot be changed radically, including the
concept of the unitary Republic of Indonesia and the obligation
of the state to respect plurality among religious adherents.

"The ongoing amendment process has also involved politicians
who are only interested in pursuing fixed and temporary political
interests," the four-star general said.

Accompanying him during the conference were, among others,
Army Chief of Staff Gen. Ryamizard Ryacudu, Navy Chief of Staff
Adm. Bernard Kent Sondakh, Air Force Chief of Staff Marshall
Chappy Hakim, and several high-ranking National Police officers.

Endriartono suggested that the amended 1945 Constitution
should be considered as a transitional constitution pending the
establishment of a Constitutional Commission.

The TNI's official position on the amendment process was
disclosed to the public only days after the Nahdlatul Ulama (NU)
-- the country's largest Muslim organization -- revealed its
stance opposing the amendment of Article 29 of the 1945
Constitution and supporting direct presidential elections.

The NU, as well as the TNI and the National Police, has also
supported the adoption of a second round system for direct
presidential elections, but did not specify whether such an
election should be held in 2004.

If the current amendment process proceeds smoothly, the
TNI/National Police factions will be scrapped from both the House
of Representatives and the Assembly in 2004.

The TNI's stance was immediately criticized by constitutional
law expert Harun Alrasyid, who said that neither the TNI nor the
National Police had the right to dictate what the Assembly should
do as "it is the state's highest institution."

According to Harun, both the TNI and the National Police
should stick to security and defense issues instead of
interfering with the ongoing political process in the Assembly.

"As part of the executive power, the military and the police
are under the President. They should only follow orders issued by
the President, and not dictate the Assembly's performance.

"They also should not influence the President to issue a
decree should the amendment process become deadlocked due to
political differences among the parties," Harun told The Jakarta
Post.

Under the administration of president Sukarno -- the country's
founding President and also incumbent President Megawati
Soekarnoputri's father -- the military supported the issuance of
a decree on July, 5, 1959, providing for a return to the 1945
Constitution.

Many believe that this decision paved the way for the
authoritarian rule of both Sukarno and his successor Soeharto.

Harun, however, brushed aside the assumption, saying that "It
was the 1945 Constitution itself which contained the
authoritarian rules. "So, what we need is not an amended
constitution, but rather a new constitution for this country."