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| Amendment of the 1945 Constitution | |
|---|---|
| Name | 1945 Constitution Amendment |
| Date | 1945–present |
| Jurisdiction | Indonesia |
| Document type | Constitution |
Amendment of the 1945 Constitution The amendment of the 1945 Constitution refers to the process by which the Constitution of Indonesia (1945) has been revised since its promulgation, involving political actors such as the People's Consultative Assembly (MPR), legal bodies like the Constitutional Court of Indonesia, and historical forces including the Indonesian National Revolution and the Reformasi movement. Debates about amendment procedures engaged figures and institutions such as Sukarno, Suharto, the Golkar faction, the Indonesian Democratic Party of Struggle, and the United Nations's post‑Cold War norms, producing changes that affected offices like the President of Indonesia, the Vice President of Indonesia, and the People's Representative Council (DPR). The process intertwined with landmark events including the 1998 Indonesian riots, the Asian Financial Crisis, the New Order regime's collapse, and legal interpretations by the Supreme Court of Indonesia.
The constitutional origins trace to the drafting by the Preparatory Committee for Indonesian Independence and figures such as Sukarno, Mohammad Hatta, and institutions like the Investigating Committee for Preparatory Work for Independence (BPUPK), with early tensions mirrored in the Japanese occupation of the Dutch East Indies and the Indonesian National Revolution. Post‑independence governance evolved under challenges from actors including Tan Malaka, Masyumi Party, PDI-P, and later the centralized New Order under Suharto, which altered practices related to the People's Consultative Assembly (MPR) and Regional Representative Council (DPD). Constitutional rigidity and executive dominance prompted reformist currents associated with movements like Reformasi, protests around the 1998 Indonesian riots, and pressures from civil society groups such as Nahdlatul Ulama, Muhammadiyah, and student organizations that called for changes to the constitutional order.
Amendment procedures are governed by provisions interpreted by bodies including the People's Consultative Assembly (MPR), the Constitutional Court of Indonesia, and legal scholars from universities like Universitas Indonesia, Gadjah Mada University, and Padjadjaran University, with procedural rules influenced by comparative models such as the United States Constitution, the Constitution of South Africa, and the Basic Law for the Federal Republic of Germany. The legal instruments and statutory acts involved interlocutors like the Ministry of Law and Human Rights (Indonesia), the Attorney General of Indonesia, and legislative committees in the People's Representative Council (DPR), while jurisprudence referenced cases from the Supreme Court of Indonesia and opinions by jurists such as Jimly Asshiddiqie and Mahfud MD. International legal frameworks from organizations like the International Commission of Jurists and treaties such as the Universal Declaration of Human Rights informed rights‑related interpretations.
Significant revisions between 1999 and 2002 altered structures including the direct election of the President of Indonesia, the establishment of the Regional Representative Council (DPD), limitations on presidential terms affecting figures like Abdurrahman Wahid and Megawati Sukarnoputri, and the creation of the Constitutional Court of Indonesia which heard disputes involving parties such as Amien Rais and Wiranto. Amendments addressed decentralization and fiscal arrangements impacting provinces like Aceh, Papua, and West Java, and responded to security concerns linked to incidents such as the Bali bombings and tensions with organizations like Free Papua Movement. Institutional reforms also reshaped the Judicial Commission (Indonesia), electoral law overseen by the General Elections Commission (KPU), and protections invoked by activists including Munir Said Thalib.
Debates often involved political actors such as Golkar, Indonesian Democratic Party of Struggle, and personalities like Prabowo Subianto and Susilo Bambang Yudhoyono, with controversies over judicial review invoked by the Constitutional Court of Indonesia and legislative ambitions by the People's Consultative Assembly (MPR). Contentious issues included proposals related to presidential term limits that referenced international examples like Franklin D. Roosevelt's presidency in the United States, debates over regional autonomy after statutes affecting Aceh conflict settlements, and disputes about human rights prompted by cases involving Komnas HAM (National Commission on Human Rights). Allegations of constitutional manipulation surfaced during episodes tied to the Corruption Eradication Commission (KPK), corruption scandals implicating parliamentarians, and contested interpretations advocated by legal scholars such as Yusril Ihza Mahendra.
Reformers and drafters cited comparative constitutions including the United States Constitution, the Constitution of Germany, the Constitution of Japan, and transitional constitutions like South Africa's post‑apartheid text, while international actors such as the World Bank, International Monetary Fund, and United Nations Development Programme influenced policy dimensions tied to amendments. Regional frameworks from the Association of Southeast Asian Nations and legal exchange with jurists from Australia, Netherlands, and Malaysia shaped institutional designs like electoral systems used by the General Elections Commission (KPU), human rights protections inspired by the European Convention on Human Rights, and decentralization models compared to Philippine Constitution reforms.
Amendments transformed the balance among offices such as the President of Indonesia, the Vice President of Indonesia, the People's Representative Council (DPR), and the Regional Representative Council (DPD), influenced anti‑corruption efforts via the Corruption Eradication Commission (KPK), and reconfigured judicial review through the Constitutional Court of Indonesia and the Judicial Commission (Indonesia). Decentralization reshaped provincial administrations in Aceh, Papua, and Jakarta Special Capital Region, affecting fiscal arrangements overseen by the Ministry of Finance (Indonesia), while electoral reforms altered political party dynamics for groups such as Golkar and Partai Demokrat.
Contemporary proposals involve actors like Prabowo Subianto, Joko Widodo, parliamentary coalitions in the People's Representative Council (DPR), civil society organizations including Transparency International and Amnesty International affiliates, and legal scholars from institutions such as Universitas Gadjah Mada, advocating changes on issues like term limits, emergency powers, and human rights protections referenced in documents like the Universal Declaration of Human Rights. Movements for constitutional revision draw on comparative cases from the Philippine Constitution (1987), the Constitution of Turkey, and regional precedents in ASEAN, with proposals debated in forums involving the People's Consultative Assembly (MPR), the Constitutional Court of Indonesia, and international observers.