NGO forum seeks independent constitutional body

Kurniawan Hari, The Jakarta Post, Jakarta

A coalition of non-governmental organizations exhorted members of the People's Consultative Assembly (MPR) on Monday to set up an independent commission to draft a new constitution to avoid back door dealings in the current amendments to the 1945 Constitution.

"We urge MPR members to create an independent constitutional commission to draft a new constitution," executive director of the Center for Electoral Reform (Cetro) Smita Notosusanto said in a press conference here on Monday.

Cetro is one of 50 institutions grouped in the coalition of non-governmental organizations for a new constitution. Other members include the Indonesian Legal Aid Foundation (YLBHI), and the Indonesian Forum for Environment (Walhi).

The proposed constitutional commission, whose members would comprise of public figures and representatives of mass-based organizations as well as scholars from around the country, would be given full authority to formulate a new constitution. The draft of the new constitution would be submitted to the MPR for final approval.

According to the coalition, the 1945 Constitution should be amended but MPR members, authorized to amend the constitution, have no idea how to carry it out.

Smita emphasized the fact that some groups were trying to block the amendment process.

She was referring to moves by Amin Aryoso of the Indonesian Democratic Party of Struggle (PDI Perjuangan) and the Forum for Constitutional Studies (FKIK) headed by veteran scholar Usep Ranawijaya.

Claiming that the current amendment process had deviated from its original course, Aryoso and Usep demanded that the amendments be stopped.

"The rejection has been caused by the absence of a clear paradigm as well as transparency in the amendment process," Smita added.

The coalition also warned of rising opposition to the constitutional amendment by military-sanctioned groups.

Noted lawyer Todung Mulya Lubis said in the same press conference that rejection of the amendment was an indication of the revival of the authoritarian regime.

Todung emphasized that the outcome of the completed amendments in the past three years had shown that the ad hoc committee lacked a clear concept.

"We can no longer entrust the amendment process to the ad hoc committee. The amendment process has so far been conducted partially by the elite circle," Todung added.

He pointed to the amendment of article 7B that gives the authority to a constitutional court to give a legal opinion concerning a request from the House of Representatives (DPR), for example, to impeach the president.

However, approval of the opinion of the constitutional court -- an institution to be set up later -- could only come into effect if it is first approved by at least three-fourths of the Assembly members.

"This clearly shows that there is no clear separation of power in the amendment process," Todung charged.

On a separate occasion, chairman of the ad hoc committee Jacob Tobing of PDI Perjuangan and committee member Baharuddin Aritonang of Golkar insisted that they would continue the amendment process.

Aritonang said the amendment was mandated in an Assembly decree issued last year. "Such a proposition to set up a commission is all right. But we have the legal basis to work on the amendment," he said.

Political analyst J. Kristiadi of the Centre for Strategic and International Studies (CSIS) said the reform process would not prevail if the Assembly maintained its strong authority.

Human rights lawyer Bambang Widjojanto said the lack of clear concept had drawn the ad hoc committee into simply focusing on unsubstantial "line by line" debates.

"It's ridiculous to formulate an amendment without a concept," he said.

Marwan Mas of Hasanuddin University in Makassar, South Sulawesi, regretted that the amendment had given more authority to the legislature to deal with the affairs of the executive branch of government, such as the appointment of envoys.

Mukti Fadjar of Brawijaya University in Malang, East Java, said that the amendments should lead to a new constitution with a new paradigm.

Mukti added that the new constitution should adopt more democratic values and need no interpretation by the readers.