Political scientists call for transitional constitution

Political scientists call for transitional constitution

Berni K. Moestafa, The Jakarta Post, Jakarta

As the process to amend the 1945 Constitution comes to an end,
analysts urged that the resulting constitution be transitional,
saying that legislators' short-term political interests had
undercut the credibility of the four-year amendment process.

Political scientists grouped under the Indonesian Political
Science Association (AIPI) said the present results were
inconsistent and tainted with the vested interests of political
parties.

"The amendment to the 1945 Constitution, as the most important
agenda of reforms and democracy, shows signs of developing
without direction, arbitrarily, and even partially," AIPI said in
a statement read out during a media conference on Wednesday.

It said politicking between factions throughout the amendment
process came in the way of the nation's interest. This threatened
the People's Consultative Assembly's (MPR) Annual Session with a
deadlock if legislators cannot conclude the amendment process.

The MPR will meet to wrap up the four years of constitutional
reform talks during its 10-day Annual Session starting on
Thursday.

Fears of a deadlock have surfaced amid conflicting statements
from various MPR factions, although each have said they wanted to
avoid a stalemate.

"There is a risk of a deadlock and this is apparent with some
(legislators) objecting to a vote during the session," said
Syamsuddin Harris, one of the AIPI chairmen and a political
analyst with the Indonesian Institute of Sciences (LIPI). "What
happens if a decision can't be reached?"

Analysts said that there were two possible scenarios that
could emerge in the event of a deadlock.

One could be of a constitutional crisis, with the MPR failing
to adopt the amendment results while the Constitution becomes no
longer valid. This would leave the nation without a Constitution
and put plans for a general election by 2004 into disarray.

Another could have President Megawati Soekarnoputri -- in a
move similar to her father's in 1959 -- issue a decree ordering
the nation to return to the original 1945 Constitution.

Megawati's father, founding president Sukarno, issued the
decree after lawmakers failed to draft a new constitution. It
marked the start of his abusive yet constitutional rule.

Demands to amend the Constitution stemmed from past experience
when both Sukarno and his successor Soeharto abused the original
form to bolster their power with a disregard to democracy.

The amended constitution is aimed at balancing the power of
the executive and the legislative branches to ensure a healthy
check and balance system.

Still the Indonesian Military and the National Police made it
clear on Tuesday that they preferred the 1945 Constitution.

Agreeing that the current amendment process was tainted with
vested interests, the military demanded that either the resulting
constitution be seen as transitional only or that the nation
returned to the previous version.

AIPI said readopting the 1945 Constitution would be a setback
to the country's reform movement, but agreed that the current
amendment should be transitional.

The military and AIPI, however, shared the same idea for a
commission that would take over constitutional reforms from
legislators.

AIPI said the commission should be independent and finalize
the work by 2004, when the country will face an election.

MPR members have denounced the idea, saying only that they had
the legal right to amend the Constitution.