Tiarma Siboro, Jakarta – As the Annual Session of the People's Consultative Assembly (MPR) draws near, the Indonesian Military (TNI), along with the National Police, has maintained its opposition to the ongoing constitutional amendment process and is calling for a return to the (unamended) 1945 Constitution.
TNI chief Gen. Endriartono Sutarto said on Tuesday that the amendment process had deviated from its original purpose and that "the TNI and the National Police will support any decision made at the upcoming Annual Session, slated to run from August 1 through Aug. 10, including the possibility of issuing a decree providing for the reinstatement of the 1945 Constitution if this was considered the best choice for the country." Addressing a press conference with chief editors from local and foreign media here on Tuesday, Endriartono supported the proposed establishment of a Constitutional Commission, comprising constitutional law experts and non-political groups to take over the amendment process.
"Amending the 1945 Constitution should not be seen as an effort to establish a new Constitution as there are some state principles that cannot be changed radically, including the concept of the unitary Republic of Indonesia and the obligation of the state to respect plurality among religious adherents.
"The ongoing amendment process has also involved politicians who are only interested in pursuing fixed and temporary political interests," the four-star general said.
Accompanying him during the conference were, among others, Army Chief of Staff Gen. Ryamizard Ryacudu, Navy Chief of Staff Adm. Bernard Kent Sondakh, Air Force Chief of Staff Marshall Chappy Hakim, and several high-ranking National Police officers.
Endriartono suggested that the amended 1945 Constitution should be considered as a transitional constitution pending the establishment of a Constitutional Commission.
The TNI's official position on the amendment process was disclosed to the public only days after the Nahdlatul Ulama (NU) – the country's largest Muslim organization – revealed its stance opposing the amendment of Article 29 of the 1945 Constitution and supporting direct presidential elections.
The NU, as well as the TNI and the National Police, has also supported the adoption of a second round system for direct presidential elections, but did not specify whether such an election should be held in 2004.
If the current amendment process proceeds smoothly, the TNI/National Police factions will be scrapped from both the House of Representatives and the Assembly in 2004.
The TNI's stance was immediately criticized by constitutional law expert Harun Alrasyid, who said that neither the TNI nor the National Police had the right to dictate what the Assembly should do as "it is the state's highest institution." According to Harun, both the TNI and the National Police should stick to security and defense issues instead of interfering with the ongoing political process in the Assembly.
"As part of the executive power, the military and the police are under the President. They should only follow orders issued by the President, and not dictate the Assembly's performance. They also should not influence the President to issue a decree should the amendment process become deadlocked due to political differences among the parties," Harun told The Jakarta Post.
Under the administration of president Sukarno – the country's founding President and also incumbent President Megawati Soekarnoputri's father – the military supported the issuance of a decree on July, 5, 1959, providing for a return to the 1945 Constitution. Many believe that this decision paved the way for the authoritarian rule of both Sukarno and his successor Soeharto.
Harun, however, brushed aside the assumption, saying that "It was the 1945 Constitution itself which contained the authoritarian rules. "So, what we need is not an amended constitution, but rather a new constitution for this country."