Writing TNI into Constitution 'goes too far'

Writing TNI into Constitution 'goes too far'

The People's Consultative Assembly (MPR) is formulating a
constitutional amendment in its ongoing session that will allow
representation of the military and the police force. Lawyer
Todung Mulya Lubis looks at the possible impact of the amendment.

Question: The wording of the amendment proposal is to allow
certain groups who do not have voting rights in general elections
some representation in the Assembly. Is this still in line with
aspirations for reform?

Answer: I think the MPR's ad hoc committee assigned to
formulate amendments to the 1945 Constitution has gone too far. I
do agree that the Constitution must be amended but amendments
must be gradual. However, the committee seems to be over-
ambitious and has ignored important things.

A proposed amendment that will allow the representation of the
TNI and the police in the MPR under the Constitution, for
example, contradicts public aspirations, who want the MPR to be
free from unelected representatives, either from the TNI, the
police force or social groups, by 2004.

If we are really committed to democratization, all MPR members
must be elected and the Assembly's membership should no longer
involve appointed representatives.

Q: How could MPR members make a proposal obviously contradicting
such aspirations?

A: It seems that MPR members are trapped in internal politicking,
so that they are forced to make compromises. We previously hoped
that MPR members, including those involved in ad hoc committees,
would formulate reformist constitutional amendments.
Unfortunately, pro-reform members are apparently forced to
accommodate political conflicts by making compromises.

Q: Can you give some examples?

A: One is that some parties have proposed the establishment of a
bicameral MPR, consisting of a council for people's
representatives and another for regional representatives, to
develop a healthy mechanism of checks and balances between the
government and the legislators.

This proposal will allow the direct election of a president by
the people (an issue campaigned by Todung and his colleagues of
the Center for Electoral Reform - Ed.). Unfortunately, this idea
has been sabotaged by some factions who want to retain the MPR's
supremacy.

Another example is that some MPR factions, who are not
satisfied with the performance of President Abdurrahman Wahid,
want to make him merely head of state and reduce his function as
head of government. Under the presidential system that we follow,
it is impossible for us to separate the president from the
government. I'm afraid that MPR members who do not really
understand the legal consequences of the Constitution will
jeopardize our constitutional system merely because they are
politically unsatisfied with the performance of the President.

Is it wise to trust the MPR members and to allow them to make
a wide range of amendments without consultation with parties
outside the Assembly?

I have changed my mind. Previously, I tended to give ad hoc
committee members a chance to amend articles of the Constitution
but now we have to reconsider whether it is necessary to curb
their ambitions.

Q: What can be expected from the proposed compromise that will
include the representation of the TNI and the police force in the
Constitution?

A: It seems that their proposed legitimate representation in the
MPR is aimed at easing friction among factions with different
interests. Such a belief may have been influenced by fears of
possible conflicts between Muslims and followers of other
religions, particularly after severe public debates on whether it
is necessary to amend Article 29 on religion of the Constitution.

Q: Does the proposal indicate that the military wants to return
to power again?

A: I think they will not go that far. What can be learned is that
the military wants to retain its participation in politics.

Q: Will the proposal, if passed by the MPR, trigger public
outrage, particularly students whose large-scale demonstrations
forced president Soeharto to step down in May 1998?

A: The MPR's approval will encourage public protests and erode
their trust in political parties which, they think, have betrayed
them at the time when President Abdurrahman has shown his favor
for civil supremacy.

As a result, the economic crisis, which has been going on for
three years, will worsen again and the democratization will see a
setback.

Q: Aren't there any parties trying to influence MPR members to
refuse the proposal?

A: A number of non-governmental organizations have met MPR
factions and urged that the representation of the TNI and the
police force be phased out from the Assembly. It seems that some
MPR factions will refuse the proposal but others ignoring
people's aspirations will try to look for a political compromise.
(Rikza Abdullah)