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.