Revision of the 1945 Constitution

Revision of the 1945 Constitution

According to a media report, a seminar on "Revision of the
Constitution of 1945 as continuation of the reform drive in the
legal sector" has proposed that a state team for the revision of
the 1945 Constitution be set up. While some of the articles in
the Constitution should indeed be revised, the preamble must be
maintained.

Obviously the 1945 Constitution cannot keep up with the
demands of the present-day Indonesian community. This
Constitution was devised to meet a temporary need during the
period of physical struggle to defend the proclamation of the
independence of Indonesia. The provisions are therefore very
brief and simple. They are incomplete and allow too great a power
to the president of the Republic of Indonesia so that the
president can immediately act in a state of emergency to defend
the nation. This is truly understandable. However, circumstances
have changed now and Indonesians will have to deal with very
different challenges in future. That's why the 1945 Constitution
needs revising.

In this respect, however, I do not agree to the establishment
of a state team for the revision of the 1945 Constitution by the
present administration under President B.J. Habibie and the New
Order elements. I do not trust them. I do not believe that they
will introduce total reform and changes in political and
constitutional affairs. I am pretty sure they still nurture their
vested interests to maintain the status quo in the interest of
their own groups. Therefore, I propose that after the June 7,
1999 elections, a coalition of three proreform major political
parties, the Indonesian Democratic Party of Struggle (PDI
Perjuangan) the National Mandate Party (PAN) and the National
Awakening Party (PKB), for example, should set up a committee for
the revision of the 1945 Constitution. This team should have as
its members not only experts belonging to these three parties but
also independent experts or those from other political parties.
The formulation devised by this committee should later be
deliberated in the 1999 General Session of the People's
Consultative Assembly (MPR), which will be formed as a result of
the June 7 elections. Then the MPR General Session could
stipulate the formulation of amendment to the 1945 Constitution.

The MPR for the 1999/2004 period should also set up its
executive standing committee, which would be on duty permanently.
This committee could be assigned to formulate the State Policy
Guidelines and important decrees of the Assembly. A plenary
session of the MPR, for example, could be held six months after
the General Session and could be assigned to ratify the decrees.
The MPR must also exercise control over all of the state's
highest institutions so that irregularities in relation to power
and the law can easily be addressed. There must be an institution
that has the authority to conduct judicial review of the
country's laws. Please see to it that in future the Republic of
Indonesia will be run in a more democratic, more honest and
fairer manner and also in a way that shows that human rights and
the people's interests are properly respected and taken into
account. Corruption, collusion and nepotism must be wiped out
from Indonesia.

SUHARSONO HADIKUSUMO

Jakarta