Revisiting plans to amend the 1945 Constitution
Published on 14/08/2023 at 13:38 GMT+7 Reading time
The plan for amending the 1945 Constitution is once again gaining momentum. Over the past three years, proposals to change the 1945 Constitution have consistently been accompanied by issues of election postponements and extensions of the presidential term.
The story is not much different this time. In addition to adding a clause about postponing elections during emergency conditions, there is a scenario to restore the authority of the People's Consultative Assembly (MPR) to elect the president.
The Chairman of the Regional Representative Council (DPD), La Nyalla Mattalitti, outlined five points proposed in the revision of the 1945 Constitution.
"One of them is to reinstate the MPR as the highest state institution, responsible for electing and inaugurating the president," he said last weekend.
Referring to the President as an 'officer of the party'
La Nyalla asserted that the 1945 Constitution has provided significant leverage to political parties. Even the selection of presidential and vice-presidential candidates, which ultimately to be elected by the people, rests in the hands of the party's chairman.
"Hence, it's not incorrect to refer to the president as a, officer of the party," he stated. "This would be different if the president were given a mandate by the MPR, truly representing the people."
As the highest state institution, according to La Nyalla, the MPR would possess the authority to determine the nation's direction for the president's scope of work through the Basic Guidelines of State Policy (PPHN). He claimed to have requested the MPR to conduct amendments to the 1945 Constitution before the 2024 General Election.
A suggestion from the People's Consultative Assembly (MPR)
Chairman of the MPR, Bambang Soesatyo, announced on August 8, 2023, that a meeting between MPR officials has resulted in a plan to amend the 1945 Constitution. The following day, this intention was conveyed to President Joko Widodo at the Presidential Palace.
The consultation with the President was initially aimed at refining preparations for the upcoming annual MPR plenary session on August 16. Bambang Soesatyo asserted that constitutional amendments are necessary, including provisions for postponing elections in the event of a state of emergency.
He mentioned that such emergencies could involve natural disasters, warfare, pandemics, or economic crises. However, he emphasized that the amendment discussions could take place after the 2024 General Election. "This way, there will be no suspicions of extending the term of office for officials in this period," Bambang stated.
History of the 1945 Constitution amendments
Since its establishment, Indonesia's constitutional amendment process has been characterized by stringent requirements and cautious deliberations. The process necessitates the approval of two-thirds of the People's Consultative Assembly (MPR), composed of members from both the People's Representative Council (DPR) and the Regional Representative Council (DPD).
This high threshold, while intended to ensure careful consideration, has acted as a formidable barrier. Additionally, the multifaceted nature of Indonesian politics, marked by divergent interests and ideologies, has further complicated the process.
Following the 1998 reformation, the 1945 Constitution has undergone four revisions. These amendments were conducted successively from 1999 to 2002 during the annual MPR sessions.
These amendments, among other things, transformed the governance system from semi-presidential to pure presidential, introducing term limits for the president and vice-president, limited to two terms. The election of the president and vice-president, formerly vested in the MPR, was changed to a direct election by the people. With the MPR no longer being the highest state institution, its authority was confined to amending and ratifying the Constitution.
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