Referendum urged to break impasse on commision

JAKARTA (JP): Legislators, experts and activists from non- governmental organizations (NGOs) call for a national referendum to break the impasse in a tug-of-war between the People's Consultative Assembly (MPR) and NGOs on the constitutional commission.

They said on Friday the referendum was needed to hear the people's voice on the proposed establishment of an independent commission to conduct a comprehensive amendment to the 1945 Constitution.

Aberson Marle Sihaloho, a legislator from the Indonesian Democratic Party of Struggle (PDI Perjuangan), said a national referendum was the best alternative to determine whether the public supported the proposed constitutional commission or not.

"In facing the division between the Assembly and the NGOs over this proposal, it would be better for the nation to hold a national referendum to learn whether the public supports the establishment of an independent constitutional commission or not," he told The Jakarta Post on Friday.

He said, however, that the fundamental elements to be questioned at the referendum should not only be the constitutional commission but also public opinion on the proposed direct presidential vote and implementation of a district system in the next general election.

"From the referendum, we will be able to know what the majority of people want to do with the constitutional amendment, the next presidential election and the general election and whether the present Assembly really represents the people or not," he said.

Yusuf Muhammad, the chairman of the National Awakening Party (PKB) faction at the Assembly, concurred, saying that the referendum was needed to force the Assembly and political parties to change their political paradigm in the reform era.

"The national referendum is urgently needed as the Assembly has defended its full authority in amending the Constitution while its factions or political parties cannot put aside their political interests in conducting the amendment. The Assembly should be more open to better ideas or input from NGOs to foster democracy," he said.

Ali Masjkur Musa, the secretary of the Assembly's ad hoc subcommittee, said the referendum should be the last alternative if the Assembly declined to cooperate with the NGOs in setting up an independent commission to amend the Constitution comprehensively.

"Before organizing a national referendum, the Assembly should take the initiative to set up an independent commission comprising Assembly members, experts, religious figures and NGOs. The Assembly would delegate its authority to the commission to conduct the amendment and approve the amended Constitution," he said.

Binny Buchori, the coordinator of the International NGO Forum on Indonesian Development (Infid), appreciated the proposed referendum but said it should not overburden the people.

"Such a referendum is very urgent before the MPR could take the reform movement in the wrong direction," she said.

She said NGOs had their own draft amendment of the Constitution and they would explain it to the public so that they were aware of the alternatives to how the Constitution could be amended.

Mochtar Pabottingi, a political expert from the National Institute of Sciences, supported the idea of a referendum, but said that it should be the last resort if the Assembly had no other alternative to amend the Constitution.

He said that before making a decision on the proposed referendum, which would be very costly, political parties should meet to follow up on the President's proposal.

"It's impossible now for the nation to hold the referendum because of the prolonged economic crisis. The referendum would certainly put a strain on the people if it was held now," he said.

Sri Sumantri, a professor of constitutional law at Padjadjaran University in Bandung, West Java, called on the Assembly to take note of the matter of a referendum in the Constitution so as to provide a legal base for a decision-making process.

"The proposed referendum is needed to conduct a comprehensive amendment or to make a new Constitution so that the Assembly will not waste its time and energy on the amendment agenda, which will never be completed," he said.

Sri hailed the NGOs' proposal as feasible and plausible, adding that a comprehensive amendment to the Constitution could be made only if it was conducted by a commission comprising independent experts, religious figures and professionals who have no short-term political interests. (rms)