MPR offers hazy constitutional commission scheme
MPR offers hazy constitutional commission scheme
Kurniawan Hari
The Jakarta Post
Jakarta
All but one faction in the People's Consultative Assembly
(MPR) agreed on Wednesday to the establishment of a
constitutional commission, paving the way for the endorsement of
the fourth round of constitutional amendments.
The fourth round of amendments is crucial because its
endorsement will ensure the passage of several bills, including
the political bills that are designed to guarantee a more
democratic Indonesia.
The factions supporting a constitutional commission, however,
offered different timetables for its establishment and differed
on its form and powers.
Deliberation on the constitutional commission, which was part
of the discussions on the amendment of Article 37 on
constitutional amendments, wrapped up the debate in Commission A.
The commission is expected to submit a report on the amendment
process to a plenary session of the Assembly on Thursday.
MPR speaker Amien Rais expressed optimism that the commission
would be set up.
"We need only to agree on five things, namely recruitment of
its members, members' qualifications, its authority, the time
frame and to whom it should account for its work," Amien said on
Tuesday night after a meeting with MPR leaders.
He warned, however, that even if the MPR endorsed the proposal
for the commission during this Annual Session, it would still
take time to set up the commission.
"It would take six months to form the commission," Amien said
as quoted by Antara.
Amien suggested that the commission be set up in 2003 and be
given two years to draft a new constitution.
With discussions on the constitutional commission nearly
completed, the Assembly has now only to reach agreement on
several issues, including the composition of the MPR, sharia,
national education and the banking authority. A vote on the above
issues would end the debates, although legislators would prefer a
consensus.
The Indonesian Democratic Party of Struggle (PDI Perjuangan),
Golkar, the National Awakening Party (PKB), and the Indonesian
Military/National Police factions were among those supporting the
establishment of a commission.
The United Development Party (PPP), the Interest Groups, the
Crescent Star Party (PBB), and the Reform factions agreed to form
the commission but gave no time frame for its establishment.
Despite the encouraging developments in the debate on a
constitutional commission, none of the factions addressed demands
for public participation in the commission.
Judging from the proposals submitted by all the factions,
except the Daulatul Ummah Party (PDU) faction which rejected the
concept outright, the planned commission could not be expected to
produce a people's constitution, a constitution that allows the
people to determine their own fate.
"The proposals limit the authority of the people. The concepts
are totally different from the one outlined by the coalition (of
scholars and activists)," said constitutional reform campaigner
Todung Mulya Lubis during a press conference at the Assembly
building on Wednesday.
He was referring to a proposal from the Coalition for A New
Constitution, which would ensure public participation in the
drafting of a new basic law.
The coalition, which consists of numerous experts and non-
governmental organizations (NGOs), has repeatedly claimed that
the constitutional amendment process so far lacked a clear
platform, resulting in confusing changes. It has also demanded
the setting up of an independent commission.
"The main purpose is to restore the sovereignty of the people.
If politicians are included in the commission, it will only
repeat past mistakes," coalition member Bambang Widjojanto added.
The 1945 Constitution is widely considered undemocratic as it
was drafted by a body set up to make preparations for the
country's independence (BPUPK). The body comprised members of the
elite and was not selected by the people.
The Golkar Party faction, meanwhile, proposed that a national
committee for the improvement of the Constitution (PNPK) be set
up to prevent the fourth amendment process from disrupting
preparations for the 2004 general election.
"The fourth batch of amendments is essential for the passage
of bills that will provide a legal basis for a smooth general
election in 2004," said Golkar faction coordinator Andi
Mattalatta.
The 2004 general election, according to Andi, is crucial to
the creation of a more democratic country.
Initially, the legislators had not included debate on a
constitutional commission on the agenda for the ongoing Annual
Session, but mounting public pressure for the establishment of a
commission has forced them to discuss the issue.
The Daulatul Ummah Party (PDU) faction, however, adamantly
rejected the proposal.
"Why should we set up a constitutional commission? It's enough
for us to form a sub-commission in the MPR to deal with the
amendments," said PDU spokesperson Sayuti Rahawarin.
Instead of giving the proposed commission full authority to
draft a new constitution, most factions simply want to give the
commission the power to synchronize the results of earlier
amendments.
The factions also insist that they be allocated seats on the
commission, thereby rejecting calls for an independent
commission.
Factions' proposals for constitutional commission
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PDI-P Golkar Military
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Total members 99 90 73
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Composition of Legislative:22 MPR: 30 Regions: 30
members Executive: 22 Regions: 30 Bureaucrats:10
Judiciary: 22 Social groups: 30
Society:21
Regions: 11 Factions:12
Social groups: 11
Experts: 11
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Power Synchronize Enhance the Rewrite
amendments previous Constitution
amendments
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Time frame 2002 Oct.2002 Oct.2002-2003
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Legal basis MPR decree Articles in Articles in
Constitution Constitution &
MPR decree
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Source: Coalition for A New Constitution