Jakarta, dpd.go.id – Indonesia is a law state that governs everything in Laws, including the guarantee of legal protection and human rights. It is certainly listed in our constitution, but is its execution guaranteed? The question was posed by Erna Ratnaningsih, Chairman of the Indonesian Legal Foundation, in the State Dialogue held in the lobby of DPD RI, Senayan Jakarta (22/06/11). That is a fundamental question given the number of law violations and lack of guarantees in human rights in Indonesia. In a dialogue entitled “Guarantee of Law Protection and Human Rights through the Fifth Amendment of the 1945 Constitution”, Erna revealed that the rule in the constitution is quite comprehensive but it still requires some additional articles. Erna said, “In the 1945 Constitution we do not find any article about the National Commission of Human Rights (Komnasham), whereas it is important for a democratic state, so the article should be added in the constitution.”

Indirectly, by her utterance Erna supported the fifth amendment of the 1945 Constitution. However, on the other hand Irman Putra Sidin (Specialist in Constitutional Law) precisely questioned the clarity of the internal DPD as a bearer of the idea of this amendment. “Does the internal DPD itself agree with this amendment?” Irman said. Because according to him, the discussion of the amendment is not sufficient only in the realm of DPR, but it also must get to the forum of the Constitutional Court (MK). The statement was supported by Stefanus Gusman (Chairman of the Indonesian Catholic Students Union), “I support the amendment of the 1945 Constitution, but does DPD have that power? As we know, DPD does not have a clear strength. “In his opinion, this amendment becomes part of the refinement process of Indonesia since the old regime until now.

In contrast, representing the viewpoint of media, Arys Hilman Nugraha (Deputy Chief Editor of Republika) stated that the step taken by the DPD is a strategic step because it can strengthen the capacity of the state. He said that to overcome the problems of this country we need a change in the level of structure that can eventually build up the strength of the state.

Maman Abdurrakhman (Chairman of BEM UI) represented the voice of students on the fifth amendment of the 1945 Constitution. Prior to amendment, we should consider what the basis is. “The amendment must be based on shades of heroism, not the interests of certain groups,” said Maman. In addition, he has some expectations to do before the implementation of the fifth amendment of the 1945 Constitution, namely (1) Evaluation of the 1945 Constitution which was amended four times, (2) MPR should establish a constitution commission which is free from the interests of certain groups, (3) The sufficient period of time, (4) Determination of the rules or TOR (Term of References), and (5) Attention to the current political conditions.

Tulisan ini tersedia dalam: Bahasa

Bagikan