Sharia last point of contention in constitutional amendments

Kurniawan Hari, The Jakarta Post, Jakarta

Article 29 on religion remained the only point of contention at a plenary meeting of the Annual Session of the People's Consultative Assembly (MPR) on Friday, forcing legislators to spend the entire day trying to reach a consensus on whether or not to amend the article.

Apart from the article on religion, Jakob Tobing said the only other article that was left for completion was Article 2(1) on the composition of the MPR.

The Interest Groups faction is the only faction that has rejected the amendment of the article, because it would mean the end of its membership in the Assembly.

Despite the tough deliberations, all 12 factions in the MPR seemed determined to avoid a vote on the sensitive issue, Jakob Tobing, chairman of Commission A on constitutional amendments, said on the sidelines of the meeting.

It is crucial that deliberation on the article be completed on Friday night, as the Assembly is set to close the Annual Session on Saturday.

The Assembly has deliberated 13 articles of the 1945 Constitution as part of the fourth batch of amendments. Some of the articles are crucial for the passage of several bills, including the bill on general elections. The endorsement of the fourth amendment will guarantee a more democratic general election.

The plenary meeting on Friday heard reports from the Assembly's commissions on constitutional amendments (Commission A), on the drafting of MPR decrees (Commission B) and on recommendations (Commission C).

The United Development Party (PPP), the Crescent Star Party (PBB) and the Daulatul Ummah Party (PDU) factions remained steadfast in their demand for the inclusion of sharia in Article 29 of the Constitution, said Jakob.

PPP faction member Barlianta Harahap said that although his faction was determined to include sharia in the Constitution, there were indications that PPP would agree to a return to the original text.

""We will not vote on the issue but try to seek a consensus to solve the problems," Barlianta told the press at the Assembly building on Friday. "A vote will result in a winner and a loser. Deliberations will ensure that everyone is satisfied."

"I propose that we return to the original text (of the article) while still allowing factions to fight (for their aspirations)," Barlianta added.

Article 29(1) of the Constitution reads: "The state is based on one Supreme God." PPP, PBB and PDU have insisted that it be change to read: "The state is based on one Supreme God, with the obligation for followers of Islam to practice sharia."

A third, compromise article, reads: "The state is based on one Supreme God, with the obligation for adherents to practice their religions."

The insistence on the inclusion of sharia in the article is seen by some as nothing more than an effort to use religion to garner support from the Muslim community, given that the country's two largest Muslim organizations, Nahdlatul Ulama (NU) and Muhammadiyah, have agreed not to include sharia in the Constitution.

Among the crucial recommendations agreed to yesterday was the inclusion of the word pribumi (indigenous) in the draft of the economic recovery decree.

Meanwhile, legislators defended a decision by Commission A to issue a decree on the establishment of a constitutional commission, saying the decision was the best compromise they could arrive at.

Although disappointing to many, legislators said the decision was the most acceptable result after days of tough deliberations.

"The consensus is aimed at accommodating conflicting ideas among the 12 factions in the Assembly. We have to agree that it is a realistic result," Baharuddin Aritonang of the Golkar Party said on the sidelines of the plenary session.

Ida Fauziah of the National Awakening Party (PKB) added that the decision to establish a constitutional commission through an MPR decree was a compromise among the factions.

PPP leader Zein Badjeber concurred with Fauziah, saying that the plan to issue a decree for the establishment of a constitutional commission was a political compromise.

"It was an attempt to accommodate those who were against the establishment of the commission and those who demanded an independent constitutional commission," Badjeber told The Jakarta Post.

All three politicians were commenting on suspicions that the MPR's decision to set up a constitutional commission was nothing more than a political ploy by parties to win the people's sympathy.

Critics accuse political parties of using the issue of the establishment of a constitutional commission as a political tool to gain support, proving that the parties are not sincere in giving the public a larger role in constitutional reform.

The call for the establishment of a constitutional commission was officially introduced by President Megawati Soekarnoputri in a speech to legislators last year.

Megawati's party, the Indonesian Democratic Party of Struggle (PDI Perjuangan), the National Awakening Party (PKB) and the Golkar Party immediately came up with drafts on the establishment of a constitutional commission at last year's Annual Session. Their proposals, however, were rejected.

All of the factions are expected to finish delivering their views on the reports of the three commissions on Saturday morning.

Articles for endorsement: (1) Article 2 on composition of MPR (unresolved), (2) Article 6A on runoff presidential elections, (3) Article 8 on the triumvirate to take over presidency, (4) Article 11 on DPR approval for war, (5) Article 16 on dissolution of Supreme Advisory Council, (6) Article 23B on currency, (7) Article 23D on central bank, (8) Article 24 on judicial institutions, (9) Article 29 on religion (unresolved), (10) Article 31 on education, (11) Article 32 on national culture, (12) Article 33 on national economy, (13) Article 34 on social welfare, (14) Article 37 on constitutional amendments, (14) Three clauses on transition provisions, (16) Two clauses on supplementary provisions.