CHIEF JUSTICE: THE AMENDMENT CHANGES THE 1945 CONSTITUTION 300 PERCENT
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The caution of the authoritarianism of the New Order was not only the actors, but also the weakness of the law system and state regulation  So that, Indonesian citizens by its reformation movement made the changing of the 1945 Constitution as one of its base petitions.

It was told by the Chief Justice of the Constitutional Court (MK), Jimly Asshiddiqie, in his scientific lecture in the Bachelor and Magisterial Graduation Ceremony of  Sekolah Tinggi Ilmu Administrasi Mandala Indonesia (STIAMI), Saturday (4/5), in Auditorium Room,  Manggala Wanabhakti Building, Jakarta. 

Responding the petition, Jimly added, People’s Consultative Assembly (MPR) as a legislator put amendment of the 1945 Constitution on the agenda of its annual meeting, started at 1999 until 2002. As the result, the amendment had changed 300 percent provisions of 1945 Constitution which affected Indonesian administration and its governmental organization system.

 Ã¢â‚¬Å“On the administration system, as an example, Indonesian administration system before amendment did not fully practice presidential system. By the first amendment, our administration system was reformed so that it can fulfill all characteristics of the presidential system. Then, on the governmental organization system, after the amendment Indonesia does not practice separation of power system anymore, however it practices the distribution of power system,” Jimly explained.

Meanwhile, the amendment of 1945 Constitution  also created check and balances system in the distribution of power system. “In the check and balances system there is also a certain role of another organization in the practice of authority of an organization. The system is important to avoid the authority misuse and to avoid the stagnancy of inter-organization relation. For example, in making the Acts, the Lawmaker does not need to co-operate with President as the co-legislator. Then, if the Acts considered to violate the 1945 Constitution, the Constitutional Court should annul it,” Jimly said. [Kencana Suluh Hikmah]


Monday, April 07, 2008 | 12:45 WIB 337