Amendment a Pandora\'s Box

KOMPAS/HERU SRI KUMORO

President Joko Widodo (right) walks alongside Gerindra Party chair Prabowo Subianto on Friday (11/10/2019) following a meeting at Merdeka Palace, Jakarta. The meeting discussed a number of current issues, including sociopolitical, economic and security conditions in the country, as well as the possibility of appointing Gerindra politicians to the cabinet during the President’s second term in office.

The idea for amending the Constitution has again been raised by the People’s Consultative Assembly (MPR) leadership, even though the idea was never mentioned during the election campaign.

The appointment of Bambang Soesatyo as the MPR Speaker is inseparable from the agreement between Indonesian Democratic Party of Struggle (PDI-P) chairwoman Megawati Soekarnoputri and Gerindra Party chairman Prabowo Subianto, which includes a limited amendment to the Constitution (Kompas, 4 Oct. 2019).

As this daily reported on 17 Oct. 2019, the MPR leaders guaranteed that the constitutional amendment would not go ahead without control. Bambang also promised that the MPR was not in a hurry. We agreed there was no need to rush.

The MPR was given the authority to amend the Constitution.

According to political calculations, the Joko Widodo-K.H. Ma\'ruf Amin government coalition can propose constitutional amendments. The MPR was given the authority to amend the Constitution.

Article 37 of the 1945 Constitution states that a proposal to amend the 1945 Constitution could be scheduled for an MPR hearing if at least one-third of MPR members supported the proposal – or 237 members. The government coalition (PDI-P, Golkar Party, National Awakening Party (PKB), National Democratic Party (Nasdem) and the United Development Party (PPP) hold a total of 349 seats.

The Constitution also stipulates that every proposal for a constitutional amendment be submitted in written text, along with the reason for the amendment. So it is not possible to simply use phrases like “limited amendment”. Which article is to be amended?

Kompas/Heru Sri Kumoro

President Joko Widodo (second right) meets with leaders of the People’s Consultative Assembly (MPR), led by MPR Speaker Bambang Soesatyo (third left, in blue shirt), on Wednesday (16/10/2019) at Merdeka Palace, Jakarta. Joko Widodo discussed the presidential inauguration on 20 Oct. 2019, accompanied by State Secretary Pratikno (third right) and Cabinet Secretary Pramono Anung (far right).

Amending the articles in the Constitution also requires that at least two-thirds of all MPR members (474 members) must attend the MPR hearing on the amendment. That is, this would take lobbying those parties outside the government coalition or lobbying the 136 MPR members from the Regional Representatives Council (DPD). Meanwhile, the decision to amend the articles in the Constitution must have the approval of 50 percent plus one member of the MPR.

However, we want to issue a reminder that constitutional amendments are not a mere matter of political calculations. Talking about a constitutional amendment is fine. Public space must be opened, because the Constitution does not only belong to the leaders of political parties or to the 711 members of the MPR. As a social contract, constitutional amendments belong to the Indonesian people!

Those who have proposed the amendment need to explain what they mean by “limited amendment”. Does a limited amendment mean only adding one paragraph to Article 3 of the 1945 Constitution, which reads, “the MPR has the right to determine state policy”? Expanding the MPR\'s authority to determine state policy will affect other articles, including the question of who will determine state policy. Will the MPR set state policy? What are the consequences if the President does not follow state policy? Who will make the judgment? If it is the MPR, would not the MPR become the highest state institution, as it was during the New Order?

KOMPAS/HERU SRI KUMORO

People’s Consultative Assembly (MPR) Speaker Bambang Soesatyo (right) shares a light moment with President Joko Widodo following the MPR leaders’ meeting with the President on Wednesday (16/10/2019) at Merdeka Palace, Jakarta.

The talks on the need to set state policy will open new debate. Sensitive issues can arise. The constitutional amendment will open Pandora\'s Box. Reading the results of the MPR’s assessment, the suggestion is that a more thorough amendment should be made, not just an amendment regarding state policy. So a limited amendment remains doubtful. The amendment could become uncontrollable.