MPR guarantees seats for military until 2009
Fabiola Desy Unidjaja, The Jakarta Post, Jakarta
The latest revision for the fourth amendment of the 1945 Constitution contains new articles which grant the military free seats within the People's Consultative Assembly (MPR) until 2009, undermining efforts to remove the military from politics by 2004.
The revised draft amendment, a copy of which was obtained by The Jakarta Post on Thursday, stipulates that the MPR might also include non-elected members of the Indonesian Military (TNI) until 2009.
Chairman of the ad hoc committee, Jakob Tobing of the Indonesian Democratic Party of Struggle (PDI-Perjuangan), asserted that based on the new draft, the military could still leave the MPR earlier than 2009.
"In the draft amendment, we use the term 'at the latest by 2009' so in case there is a decision that will move the schedule ahead, it won't violate the Constitution," Jakob, who chairs the MPR's ad hoc committee in charge of amending the constitution, said on Thursday.
In the draft, agreed upon in April, the clause on TNI's seats at the MPR is placed as a supplementary article to the 1945 Constitution.
The Assembly's ad hoc committee on constitutional amendments is slated to finalize the discussion on the supplementary articles by Monday.
Legislator Burhanuddin Aritonang of the Golkar party, which is the country's second largest party behind PDI-Perjuangan, said his party would be against inserting the supplementary article into the Constitution.
"It is too technical to be stated in our constitution," he said.
TNI's early removal is one of the key demands of the 1998 student reform movement.
The upcoming debate over the fourth amendment to the Constitution during the Assembly's Annual Session in August is seen as a test case for legislators' resolve to push for reforms.
An earlier draft amendment denies the military free seats in the MPR after 2004. By that time, the MPR must consist only of elected members from the House of Representatives and the Regional Representatives Council.
Based on this earlier version, the government recently submitted to the House, a general election bill that requires the military to leave the MPR by 2004. To compensate for their lost seats, the TNI would regain the right to vote.
The TNI, however, has openly opposed the voting rights and been campaigning to remain in the MPR until 2009.
On Thursday, Indonesian Military (TNI) chief Gen. Endriartono Sutarto visited Assembly Speaker Amien Rais and House Speaker Akbar Tandjung to give his suggestions on the issue.
"For the greater interest, we want to ask for permission to reject our right to vote in the next election, regardless of our presence in the Assembly," Endriartono said after the meeting.
The general election bill, if passed, will automatically force the TNI to leave the legislature by 2004.
But support is uncertain. Both the TNI and several legislators signaled their disfavor by saying the military could only vote after 2009 and not in 2004.
With the TNI objecting to its voting rights, legislators might agree to maintaining the military seats until 2009.
"We were just discussing the issue of the military refusing to use their right to vote, and wondering if it would be fair if we also cut their presence in the Assembly," Jakob explained.
Ironically, and in light of the reform movement's wishes, the Reform faction's Patrialis Akbar -- also a committee member -- came out in full support of maintaining the military seats. He said the TNI should be allowed several free seats in the MPR until 2009.
"The number of seats should be determined by a law...," he said.
Agreement of ad hoc committee I on the amendment of the 1945 Constitution, April 6, 2002:
Article 2
Alternative I: The People's Consultative Assembly shall consist of members of the House of Representatives and members of the Regional Representatives Council who are elected through a general election, as well as functional groups to be provided for by law.
Alternative II: The People's Consultative Assembly shall consist of members of the House of Representatives and members of the Regional Representatives Council who are elected through a general election as provided for by law.
Supplementary Regulation: Members of the People's Consultative Assembly as provided for in Article 2 (1) of the Constitution shall further include functional groups from the Indonesian Military and the National Police until not later than 2009.