Slow constitutional reform puts elections at risk

Berni K. Moestafa and Hari Kurniawan, The Jakarta Post, Jakarta

The government may have to delay the 2004 general election if the slow deliberation of amendments to the 1945 Constitution prevents legislators from passing new election laws on time, legislators warned on Wednesday.

"There are two crucial items left in the amendment process that, if not resolved, could lead to a constitutional crisis," said Slamet Effendy Yusuf of the Golkar faction and vice chairman of People's Consultative Assembly ad hoc committee I in charge of the amendment process.

He said the debates over direct presidential elections and the composition of the Assembly must be completed by August to allow legislators time to deliberate political bills necessary for the 2004 general election.

The Assembly will hold its annual session in August, when it should approve the fourth and final amendment package under a four-year mandate given in 1999 to amend the Constitution.

"We cannot afford to wait until the next session in 2003," Slamet said.

A deadlock at the upcoming annual session could push back the amendments by another year. This could leave the nation with only one year to prepare for the 2004 general election.

"I am very, very optimistic that we will not become deadlocked at the annual session," Slamet said.

The two articles on presidential elections and the composition of the Assembly, however, have remained contentious since legislators began debating them last year.

Legislators have agreed on a direct presidential election, but remain divided over what will happen if no candidate wins the necessary 51 percent of the votes.

Talks have boiled down to two options: the MPR takes over for a run-off election or the public casts votes in a second round for the two candidates who received the most number of votes in the first round.

Another crucial but unresolved issue is whether the Assembly should consist of elected members only, or include nonelected members like representatives of the Indonesian Military (TNI) and the National Police.

"If the Constitution isn't ready by 2002 ... the election laws may not be finalized either," warned Pramono Anung of the Indonesian Democratic Party of Struggle (PDI Perjuangan).

The recently submitted bill on general elections already started off on the wrong foot, assuming an all-elected Assembly by 2004.

This opened it up to criticism from the TNI, which would have to vacate its seats in the MPR if the bill is approved.

Slamet said that with his committee unlikely to finalize the amendments on time, lobbying between political parties might have to suffice.

"There are already informal talks going on to speed up the (amendment) process," he said.

Assembly Speaker Amien Rais said the amendment of the Constitution must be completed at the annual session, adding that he was upbeat it would.

Amending the Constitution is part of the 1998 reform movement, and aims to provide a fairer balance of power between the legislature and the government.