Not untouchable

Not untouchable

Many people criticize today's political system as being less
open than what the authorities promised several years ago. They
now want the freedom of expression guaranteed in the Constitution
to voice ideas on how to improve present conditions.

Demands for openness are largely a reaction to a globalized
community and economy as well as a reflection on Indonesia's 50th
anniversary, when many argued that today's conditions are not as
our founding fathers had planned in 1945. Efforts to modernize
have brought on many negative effects which now need to be
addressed.

Every Indonesian with an adequate sense of nationalism and
democratic ethics should respect openness and not view it as
incompatible with our system. The right to express opinions is,
after all, guaranteed by the Constitution.

One of the strongest ideas voiced recently is the demand for
the 1945 Constitution to be amended because it contains numerous
shortcomings and elements antithetical to a more democratic
political life. Dr. Harun Alrasjid, the law professor from the
University of Indonesia who put forward the idea, said the
problem lies in three areas: the power the Constitution gives to
the head of state to issue decrees which are superior to law; the
president's ability to "veto" legislation enacted by legislators;
and the absence of presidential term limits.

Criticizing the Constitution, let alone amending it, has been
unthinkable and taboo for the last thirty years. But such a
proposal deserves serious consideration given the Constitution's
weaknesses, which have been exploited for decades. Ironically,
one of the main components of national stability is a growing
demand for change, which should be considered from both legal and
political points of view.

The Constitution is not a sacred document and was drafted by
human beings. It clearly stipulates that "it can be amended by
the People's Consultative Assembly (MPR), the country's most
supreme governing body which holds the people's sovereignty,
provided it is done in a session attended by two-thirds of its
members and the vote for it is upheld by at least a two-third
majority."

The Constitution was drafted in an emergency situation right
before the collapse of the Japanese occupational authority here
and the impatience of the Indonesians to gain independence. That
amendments should be necessary is not surprising.

Sukarno, the chairman of the Committee for the Preparation of
Indonesian Independence, who later became the first president of
the republic, immediately realized the shortcomings of the newly-
drafted constitution. His words to the committee members then
still ring clearly today: "This is an expeditious constitution.
There will be a time when we have our independence and a
condition in which we can think thoroughly. We will then surely
gather at the People's Consultative Assembly to decide a better
and more comprehensible Constitution."

In the last three decades, anyone suggesting an overhaul of
the Constitution could be accused of being a right-wing Islamic
fundamentalist fighting for theocracy in Indonesia. However, with
all political entities now basing their ideology on Pancasila,
the accusation is rarely heard.

The pendulum has swung to the center and the idea to revamp
the Constitution should not be regarded as subversive. If the
Constitution is still deemed untouchable, then we must at least
work to stamp out the factors that lead to violations of its
sanctity.