Sun, 11 Aug 2002

MPR likely to endorse amendments

The Jakarta Post, Jakarta

The People's Consultative Assembly (MPR) was expected to endorse the last package of amendments to the 1945 Constitution on Saturday despite protests from dozens of legislators over decisions on several critical issues, including sharia, the composition of the MPR and the establishment of a constitutional commission.

The endorsement of the amendments, the fourth since 1999, is meant to pave the way for a more democratic Indonesia. It allows, among other things, direct presidential elections and makes the assembly a fully elected body.

The plenary was adjourned twice to allow factions to negotiate and reach a consensus on the contentious issues. The last debate centered on the establishment of a constitutional commission and the meeting was adjourned at 10:30 p.m. to allow factions another half hour to negotiate. However, until 23:15 the plenary had not yet reopened.

The plenary was scheduled to end at midnight.

Debates on sharia, or strict Islamic law, which was feared could obstruct the endorsement, did not develop into prolonged bickering after proponents for the adoption of sharia into Article 29(1) on religion in the 1945 Constitution agreed to back down from their demands. The plenary rejected a proposal to insert seven words from the Jakarta Charter on sharia in Article 29(1), meaning the return to the original text.

At least 80 percent, or 172 million, of Indonesia's 215 million people are Muslims. But Islam is not the state religion and a limited number of other faiths are accepted.

The debate on the establishment of a constitutional commission revolved around its timeframe and legal basis. The Indonesian Military/National Police faction proposed that the commission be included in an auxiliary statute in the amended Constitution. In other words, the military and police faction wanted the commission be established now, instead of later in 2003 as proposed by Commission A on amendments.

Other factions, meanwhile, insisted on sticking to Commission A's decision to issue an MPR decree as a legal basis for the its establishment.

An auxiliary statute has a stronger legal basis than an MPR decree, which can be revoked at any given time by the MPR.

Amien Rais said the TNI/Police faction's proposal as a backtrack on an earlier stance. On morning morning all factions agreed to establish the constitutional commission based an MPR decree.

Legislators also failed to reach a consensus on the removal of the Interest Groups faction (FUG). Based on the third amendment of last year which adopts a bicameral system, the faction, whose members were all appointed, must be scrapped from the Assembly.

The ensuing vote marked the end of the history of the faction in the Assembly. A total of 475 legislators voted for the removal of the Interests Group faction, 122 legislators against it, and three others abstained.

It was the only decision made by a vote in this Annual Session.

"We accept this decision graciously. We have no intention to bring this session to a deadlock," FUG leader Harun Kamil said, to a noisy applause from the floor.

Another tough issue was Article 31(4) on the national education budget.

The plenary meeting to decide on the amendments began at 2:57 p.m. but the vote for the FUG did not take place until at 9:30 p.m. due to several interruptions.

Several dissatisfied legislators with the decision on sharia said they did not join in the decision-making process and were therefore not responsible for the outcome of the amendment process.

Objections to this decision were expressed by four factions: the United Development Party (PPP), the Crescent Star Party (PBB), the Daulatul Ummah Unity (PDU), and the Reform faction. The latter comprises the National Mandate Party (PAN) and the Justice Party (PK).

The PPP, PBB, and PDU withdrew their demand after a meeting prior to the decision-making session.

The PBB faction said the rejection of the sharia would not stop them from continuing the fight for the adoption of the Islamic law into the Constitution.

"We won't give up. We will wait for a more appropriate time (to fight for the inclusion of sharia)," PBB legislator Ahjad told the plenary.

Meantime, legislators from the Indonesian Democratic Party of Struggle (PDI Perjuangan) Benny Pasaribu and Angelina Andaris Pattiasina expressed disagreement with an allocation of 20 percent of the state budget for education.

"It is not realistic. What will be the consequence if it can't be fulfilled? It's hard for me to accept it," Benny said.

Taking another tack, PDI Perjuangan legislator Sabam Sirait said that 20 percent was still too small to enable the country to move forward.

Despite the objections, the majority of legislators agreed with the fourth amendments.

Hundreds of protesters meanwhile staged a demonstration outside the MPR building on Saturday to reject the constitutional amendments.

Protesters from the Indonesian National Students Movement (GMNI) and Antiamendment People Movement (Geram) unfurled banners and disseminated pamphlets.

"Accepting the amendments means accepting a new constitution and is against Pancasila (the state ideology)," it said on the pamphlets.