TNI drops Constitution article on MPR seats

Berni K. Moestafa and Tiarma Siboro, The Jakarta Post, Jakarta

The Indonesian Military (TNI)/National Police faction decided on Monday to withdraw an article they earlier insisted on adding to the amendment of the 1945 Constitution, allowing them to retain their seats in the People's Consultative Assembly (MPR) until 2009.

The military and the police, nevertheless, still want their seats at the MPR to be retained until 2009, contending that it was mandated by MPR Decree No. VII/2000.

A meeting on Monday of the MPR's Ad Hoc Committee I in charge of constitutional reform talks, agreed to drop the article at the TNI/National Police faction's request.

"What else is there to say, it was their article after all," said Harun Kamil the committee's vice chairman from the function group faction.

Insp. Gen I Ketut Astawa of the TNI/National Police faction declined to comment whether the removal of the article would affect the faction's seats in the MPR.

Asked about the consequences if MPR Decree No. VII is removed as well, I Ketut said such discussions fell outside the committee.

"We only discussed whether this (article) should be included under the supplementary regulation or not, that's it," he said. "Our reasoning is that the Constitution applies over a long period."

The article would have been part of the Constitution's supplementary regulations. It states that the TNI and the police retain their seats at the MPR as representatives of the function group.

But the presence of the function group itself is a contentious issue at the committee, as they are not elected representatives.

The committee will bring the unresolved issue to next August's MPR Annual Session.

Harun said the TNI/National Police faction decided to withdraw the article as they viewed its substance to be short-term only and too technical to be regulated by the Constitution.

"They (TNI/National Police faction) still have MPR Decree No. VII to regulate their presence in the MPR," he explained.

The 2000 decree allows the military and the police to retain their seats in the MPR until 2009 at the latest. In return, military and police members cannot use their voting rights.

So far the TNI has come out against the bill.

Speaking at a hearing with the House of Representatives' Commission I on defense and foreign affairs, TNI chief Gen. Endriartono Sutarto repeated his earlier statement that the TNI members were not ready to vote in 2004.

As compensation, TNI want to be represented at the MPR as stated by the MPR decree.

"We will discuss again our presence at the MPR, whether we will retain our seats until 2009 or not," he told the hearing.

At the end of the hearing, the commission supported the TNI's position not to use their voting rights and grant them seats at the MPR.

However, TNI's decision to withdraw the supplementary article and the Commission I's support for the TNI to retain seats at the MPR come amid suggestions from experts for the MPR to revoke Decree No.VII/2000.

Revoking the decree would force TNI to leave the legislature in 2004 and pave the way for the deliberation of a recently submitted general elections bill.

The government-proposed bill works on the premise that by 2004 the MPR will consist only of elected members. In return for losing their seats, the military and police may take to the ballot.