MPR accused of cheating on reform demands
Tertiani ZB Simanjuntak, The Jakarta Post, Jakarta
The People's Consultative Assembly (MPR) came under fire on Friday for its decision to issue a decree on the establishment of a constitutional commission, a decision which experts and activists call a violation of the spirit of reform.
The Indonesian Military (TNI)/National Police (Polri) faction at the MPR shared public indignation over the decision and said it would voice objection at the closing of the Assembly's Annual Session on Saturday (today).
The Coalition for A New Constitution accused legislators in the Assembly's Commission A of cheating. It charged that the proposal submitted by Commission A on the establishment of a constitutional commission was a distortion of an ideal commission as desired by the general public.
"Such a proposal is indecent! It is totally wrong! It's unthinkable that they have the heart to fool the public by offering this kind of commission. They are manipulative," Bambang Widjojanto of the Center for Electoral Reform (CETRO) said, as he tore up a copy of the proposal at a media conference.
The media conference was held at the MPR building after Commission A presented its report to the plenary session. Commission A proposed in its report that an MPR working body be assigned to set up the constitutional commission and determine its form, membership and authority. The working body is set to present a report to the Assembly's Annual Session in 2003 for endorsement.
The coalition underlined as biased a statement in the proposal, which says the commission would only be entrusted with assessing the amended constitution and not to reform it as expected by the public.
The legislators defended the proposal as the best compromise to avoid deadlock. A stalemate, they argued, could further slow the process as they had yet to agree on two other important points, namely the authority and timeframe of the constitutional commission.
The coalition, however, suspected the legislators were simply trying to mute the drive for constitutional reform, fearing it would lessen their overriding constitutional power as provided for in the amendments of the 1945 Constitution.
Constitutional law expert Mukthie Fajar from Brawijaya University maintained that Commission A's proposal reflected the Assembly's reluctance to return the authority on the drafting of the Constitution to the people as sovereignty holders.
"The MPR has also refused to admit weaknesses in the amended Constitution that have resulted from horse-trading among the politicians. They have ignored public demands for participation through an independent commission."
Political observer Mochtar Pabotinggi, who is also a member of the Coalition for a New Constitution, pointed out that an MPR decree would not serve as a firm legal basis for the commission because it could be retracted at any given annual session.
He reiterated the urgency of the commission because, although the amended Constitution provides for reformed procedures in general elections and the presidential elections, the Assembly has remained a dominating institution, which could hamper the democratic process.
"The idea of such a commission acting as a basis for political reform has been killed by the legislators. If there is political turmoil caused by the open-ended clauses in the amended Constitution, the MPR should be held responsible," he warned.
The coalition also blasted the Assembly for what they considered cheating. It was referring to the fact that the decision on the constitutional commission was announced even as factions in Commission A were still deliberating the form of the constitutional commission.
Several faction leaders met with President Megawati Soekarnoputri to report their agreement on the form of the constitutional commission two hours before opening the latest round of deliberations on the issue at 10 p.m. on Thursday.
The coalition met with leaders of Commission A to seek common ground on the issue.
"We found the discussion satisfactory. It's a shame that at the same time a contradictory decision had been made elsewhere. The legislators are con artists," Bambang lambasted.
"We will keep on fighting this. We appeal to all the legislators with a conscience and the general public to prevent the endorsement of the proposal."
Meanwhile, TNI/Polri faction chairman Maj. Gen. Slamet Supriyadi said that his faction doubted a constitutional commission would eventually be set up. He argued that the deadline for the MPR to amend the Constitution was in 2002.
Slamet added that even if the MPR approved the recommendation for the form of a constitutional commission in the 2003 Annual Session, Article 37 on amendments would be a major obstacle. Article 37 stipulates that only the MPR, not the constitutional commission, has the authority to suggest any change or alteration to the Constitution.
"I wonder whether the proposal will really lead to constitutional reform. We will insist that the establishment of a constitutional commission be inserted in the addendum of the amended Constitution," he told reporters.