Amendment as Requisite

KOMPAS/RADITYA HELABUMI

Indonesian Democratic Party of Struggle (PDI-P) chairwoman Megawati Soekarnoputri shares a light moment with Gerindra Party chairman Prabowo Subianto (right) as she welcomes him during a visit on 24 July 2019 at her residence on Jl. Teuku Umar in Menteng, Central Jakarta.

Amending the Constitution should not be a prerequisite for determining the speakership of the People’s Consultative Assembly (MPR). Let the laws speak for themselves.

Despite the absence of the term “high state bodies” in the design of our Constitution, the MPR must still be positioned as Indonesia’s national house. The MPR is the state body where members of the House of Representatives and the Regional Representatives Council (DPD) meet to deliberate the future of the nation. It is in the MPR that regional and political party representatives meet to discuss the fate of the nation. The MPR has an important role as the guardian of the Pancasila state ideology and national wisdom.

Debate has resurfaced on amending the 1945 Constitution, which several groups have supported for quite some time. Some want to revert the 1945 Constitution to its original form prior to all amendments, as the current version of the Constitution is deemed too liberal. On the other hand, others wish for a fifth amendment to complement the four previous ones.

The MPR’s authority to amend the Constitution is stipulated in Article 37 of the Constitution, with all attendant requirements. However, sociologically, constitutional amendments must involve the public’s opinion. The Constitution is a social contract of the people, and is not just for the political elite of the MPR. If we wish to push for amending the 1945 Constitution, “public approval” is still needed, specifically on what needs changing, why this is necessary and what the amendment will look like.

KOMPAS/RADITYA HELABUMI

President Joko “Jokowi” Widodo (center, front row) links arms with party chairpersons of the Indonesian Working Coalition in Jakarta on 9 Aug. 2018, when he announced Ma\'ruf Amin as his running mate for the 2019 presidential campaign. Pictured are (from left): National Awakening Party (PKB) chairman Muhaimin Iskandar, Hanura chairman Oesman Sapta Odang, Indonesian Democratic Party of Struggle (PDI-P) chairwoman Megawati Soekarnoputri, Nasdem chairman Surya Paloh, Golkar Party chairman Airlangga Hartarto and United Development Party (PPP) chairman Romahurmuziy.

Urging an amendment of the 1945 Constitution without clear boundaries will only lead to political polarization among the people. Discussing the amended and original articles of the Constitution must be made possible. The constitutional amendment can get out of control if it is not managed properly.

This is even more so if the constitutional amendment is used as a requirement in determining the MPR’s speakership. As this daily reported on Monday, 5 Aug. 2019, Indonesian Democratic Party of Struggle (PDI-P) deputy secretary-general Ahmad Basarah said that the party would take over the MPR speakership if other political parties disagreed with the discourse over amending the 1945 Constitution. The MPR speaker should be determined in line with the stipulations of Law No. 2/2018.

Various efforts at deliberation and consensus must be made so that the speakership “package” can be agreed before the MPR general assembly. Electing the MPR speakership through a vote, although it is legal, may cause polarization. As the majority winner of the general election, the PDI-P must be more flexible in nurturing togetherness in determining the MPR speakership without resorting to a constitutional amendment. The plans of the PDI-P and several other political parties to revive the state policy guidelines (GBHN) in the Constitution can be discussed openly with elements of society.

KOMPAS/WISNU WIDIANTORO

Supreme Court chief justice Hatta Ali (center right, foreground) swears in three People\'s Consultative Assembly deputy speakers on 26 March 2018 in the Nusantara Plenary Session at the Senayan legislative complex in Jakarta. The three new deputy speakers are (from second left) Ahmad Muzani, Ahmad Basarah, and Muhaimin Iskandar.

The question we must answer is this: Is the perceived lack of continuity in the five-year development programs caused by constitutional loopholes, a lack of relevant laws or the attitudes of the political elite?