Fri, 01 Mar 2002

Scholars support call for constitutional commission

Kurniawan Hari, The Jakarta Post, Jakarta

Scholars from various groups leant support for widespread demands for an independent commission to amend the 1945 Constitution on Thursday, saying the amendments currently being considered by legislators ignore people's wishes.

One of the scholars, Tommi Legowo of the Centre for Strategic and International Studies (CSIS), criticized People's Consultative Assembly (MPR) legislators for allocating only 27 out of 136 effective days to accommodate the public's aspirations until they complete the fourth amendment this August.

In comparison, Tommi added, the legislators will hold a 49- day (36 percent) series of sessions between themselves, including closed-door lobbying.

"It is very likely that the amendment process will go against people's aspirations because most of the deliberation will be done secretly," Tommi said at a hearing with members of the Assembly's ad hoc committee for constitutional amendments.

The third amendment last year was marked by closed-door lobbying, sparking allegations that the final results carried political interests of each faction in the Assembly.

Unanimous support for a direct presidential election last year, for example, was hailed by many as a breakthrough in the country's political system. The Assembly, however, failed to agree on a proposal to hold a second-round vote if no presidential and vice presidential candidates managed to obtain a majority vote.

Tommi maintained that an amendment process that involved political struggle would not result in the creation of a constitution that belonged to all people.

Legislator Harun Kamil, who presided over the hearing, quickly clarified, saying that the time frame for the fourth amendment should not be stringently adhered to.

"In fact, we will allow and welcome any delegations who want to articulate their aspirations," he said.

After finishing a series of hearings with various societal groups, mainly from Jakarta and neighboring towns, on March 5, members of the Assembly ad hoc committee will tour other towns across the country between March 6 through March 10.

During the five-day trip, the legislators will visit universities in Medan (North Sumatra), Palembang (South Sumatra), Bandung (West Java), Semarang (Central Java), Surabaya (East Java), Makassar (South Sulawesi), Banjarmasin (South Kalimantan) and Bali.

The visit aims at collecting suggestions from people throughout the country. The aspirations of the people will be deliberated in a series of closed-door meetings before possible endorsement at the Assembly's Annual Session in August.

Fellow scholar Anton Djawamaku meanwhile reminded that a constitution was a social contract between the state and its citizens.

"Under the contract, the citizens voluntarily give up some of their rights and respect state regulations. On the other hand, the state has to respect the rights of its citizens and be prepared for checks and balances.

"It is very relevant that amendment of the Constitution be offered to an independent commission that will accommodate all elements in society," he said.

Adi Sasono and Umar Juoro of the Center for Information and Development Studies (Cides) and scholars from the Center for Information of National Policy Studies (Cinaps) were also present at the hearing. They urged legislators to make people's welfare the top priority in their deliberation of constitutional amendments.