The 1945 Constitution of Indonesian Republic (UUD 1945) has been amended four times in which all (the revised versions) have permanent legal powers and they are effective since established. This statement expressed by the Chairman of Constitutional Court (Mahkamah Konstitusi – MK), Prof. Dr. Jumly Asshiddiqie, S.H., as a response to the debate regarding the existence of the UUD 1945 post amendments during the press conference on January 25, 2007.  According to Mr. Chairman, “the emergence of various debates about the Constitution is a good sign, since it showed that it (the Constitution) has been perceived and understood extensively by society.”

In this meeting, Mr. Chairman described five documents relevant to UUD 1945.  First, the constitutional document was pertained through Presidential Decree July 5, 1959. Second, the first amended text legalized on October 19, 1999. Third, the second revised document on August 20, 2000. Fourth, the third change on November 9, 2001. Finally, the fourth change on August 10, 2002.  All documents were compiled into one, and each (manuscript) took into affect as it was determined.”

Mr. Chairman emphasized that the UUD 1945 not need to be removed because the People’s Consultative Council (MPR) at that time did not cancel the UUD 1945 completely rather it only revised or amended and attached the revised version with the original document.) “There are different meanings between replacement and amendment. Replacement means the old one has to be terminated before the new one is implemented,”   explained Mr. Chairman.

When asked about the essence of putting the UUD 1945 into the state official gazette, Mr. Chairman answered that it was necessary to do as it was ordered by the Law No. 10/2004 about Decision Making Process.  The urgency of this effort was, according to Mr. Chairman, for announcement and reference, “however, this does not mean that the revised UUD 1945 is invalid. The intention to place the UUD 1945 into the state official gazette was to follow the administrative order, while UUD 1945 remained lawful since it was affected.” About when it would be done, depending on the government and MPR.

At this moment,  said Mr. Chairman, it was important that all formal and informal leaders carry out the responsibility in performing civic education such as retraining about the new constitutional system, increasing constitutional awareness, and creating various discussions and cross-arguments about the substance of the Constitution, not debating the existence of the Constitution.  “The Constitution is a culminated point of people’s aspirations. The Constitution is for all. It is for the people,” asserted Mr. Chairman.

In connection with this issue, on Friday, January 26, 2007, at 13:30 WIB,  Mr. Chairman would receive the delegation of Partai Kebangkitan Bangsa (PKB) to the MK. (NM)