Fifth Amendment of the 1945 Constitution: Need Statesmanship Attitude from Elite

JAKARTA: Echoes of demands on the fifth amendment of the 1945 Constitution offered by DPD RI increasingly receive support from many parties. John Pieris (Senator from Maluku Province) asserted that the purpose of the Amendment of 1945 Constitution is improvement of constitutional system and governmental system. “It proposes not only the strengthening of duties, powers and functions of DPD RI but also improving the parliamentary system, strengthening the authority of the Constitutional Court (MK), and strengthening of the presidency,” he said in a dialogue “Indonesian Perspective: Managing Parliament System through the Amendment of the 1945 Constitution” in the Press Room DPD RI, Parliament complex Senayan Jakarta, Friday (10/06/2011).

The amendment becomes the choice because it has permanent legal force and is stronger than the ways such as constitutional interpretation by the Constitutional Court or a state convention to manage the constitutional system. The challenge now is how the elites of political parties and leaders of higher institutions of State respond to this proposed amendment. According to Refly Harun, Observer of Constitutional Law from CETRO (Centre for Electoral Reform), the success of the Fifth Amendment depends on of the agreement or consensus of the elites.

“The key is in the president (Susilo Bambang Yudhoyomo), Aburizal Bakri, Taufik Kiemas and Megawati as holders of majority vote,” said Refly.

Nevertheless, it still requires lobbying efforts to the leader of 9 (nine) parties in the House of Representatives (DPR) to launch the idea of this amendment. Ronald Rofiandri from PSHK (Center for Law and Policy Studies) added notes about the need to guarantee that the amendment would not undermine the authority of DPR.

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