Wed, 08 Oct 2003

Observers give thumbs down to new commission

Kurniawan Hari, The Jakarta Post, Jakarta

Observers have warned the public not to be overly optimistic about the newly established Constitutional Commission, saying that the final say was still in the hands of the People's Consultative Assembly (MPR).

The MPR set up the long-awaited Constitutional Commission on Tuesday to harmonize the amendments that have been made to the 1945 Constitution, which, according to some analysts, are loaded with compromises designed to favor the short-term political interests of certain groups.

The commission, which has 31 members, will have seven months to work on the Constitution.

However, as stipulated in the Constitution, their assessment will serve as a second opinion only, with MPR members still having the final say.

Hadar N. Gumay of the Center for Electoral Reform (Cetro) and Marwan Mas from the Makassar-based 1945 University also noted the selection of some figures known previously to be opposed to the amendments, warning that their presence could jeopardize the harmonization efforts.

They declined to give any names.

According to Hadar, only about one-third of the 31 members of the Constitutional Commission have the necessary qualifications.

"If they are influential, the result of the assessment will be excellent. But, I am afraid the other, less-qualified figures will dominate the discussions," he told The Jakarta Post on Tuesday.

Marwan concurred with Hadar, and added that the public would question the commission's credibility if its members started arguing the pros and cons of the amendments once again.

Bambang Widjojanto from the Partnership for Government Reform said meanwhile that the commission would not answer the problems faced by the public.

"It has been clear from the beginning that the Constitutional Commission won't change anything," he said.

MPR speaker Amien Rais said that the commission's assessment would not be binding but pledged to use its findings to improve the newly amended Constitution.

"But, we hope the results will be good and Assembly members will accept the outcome," he said.

The commission will start its work on Wednesday with the selection of the chair and deputy chairs.

Commission member Maria Farida Indrati said the commission would focus on ironing out various inconsistencies in the Constitution.

For example, Maria said that Article 20 (5) of the amended constitution urgently need revision.

Article 20 (5) says that a bill that has been approved by the House will automatically enter into effect within 30 days if the presidential consent is withheld.

She emphasized that every law must be consented to by the President as it is the President who is held accountable for the implementation of laws.