Improving the Legal System Through the Fifth Amendment of the 1945 Constitution

The number of regional heads who got caught on corruption case begs the question, what or who is wrong and what or who need replacement in our constitutional system? The problem was discussed in DPD RI Talk Show Indonesian Perspective titled “Fix the Legal System through the 1945 Constitution Fifth Amendment” in the Press Room DPD, Senayan-Jakarta (17/06/11).

The Fifth Amendment of 1945 Constitution discourse was assumed to be the perfect solution for those problems. Wahidin Ismail, Vice Chairman of DPD Group in The People’s Consultative Assembly, argued that there was four things should be fixed in our state system, that are strengthening of Constitutional Court, strengthening of State Institution, establishment of independent institutions, and establishment of Forum Previlegiatum to prosecute the corruptor. “The Fifth Amendment of 1945 Constitution is a choice that must be taken by this nation,” Wahidin stated.

On the other hand, Taslim, member of Commission III DPR RI, said that in-depth review was needed before the Fifth Amendment of 1945 Constitution. “Because what we change is the basis of the State, then we need to review the implementation. Besides, we need to consider first, whether the Fourth Amendment to our Constitution has been implemented properly,” Taslim said. He admitted that he was not satisfied with law enforcement in Indonesia, but constitution amendment was not necessary done for now. “Solution for this program is legal autonomy,” Taslim added.

Irman Putra Sidin, Constitutional Law expert, believe in relevancy of legal refinement, according to the Indonesian state administration system also needs to be overhauled. In the future, he stressed the importance of the president neutrality. “A president must release the attributes of his party to avoid party conflict within the palace,” Irman suggested. In addition, Irman proposed the inclusion of the presidential conventions mechanisms are listed in the constitution. (AF/SAF)

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