Slow constitutional reform puts elections at risk

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.