Amendment to the 1945 Constitution One of the Demands for Reformation
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Students of the Senior High School of Indonesian Teachers’ Association 3 of Bogor visit the Constitutional Court Building, on Thursday (10/21/10).


Jakarta, MKOnline - The Constitutional Court was established subsequent to the amendment to the 1945 Constitution adopted between 1999 and 2002. “As we flash back, the amendment or change to the 1945 Constitution constitutes one of the demands for reformation,” Irfan Nur Rachman, a Researcher of the Constitutional Court, expressed to all students of the Senior High School of Indonesian Teachers’ Association 3 of Bogor visiting the Constitutional Court on Thursday (10/21). 

Irfan explained that due to pressure from the university students at that time, the 1945 Constitution which is considered sacred in the new order period was changed (1999-2002). A part of the members of parliament said that the 1945 Constitution was changed four times. Meanwhile, some other said that the 1945 Constitution was changed once with 4 stages. 

“The establishment of the Constitutional Court is the result of the change to the 1945 Constitution,” Irfan added.

Irfan said that the change to the 1945 Constitution, in fact, caused a significant impact to state administration in Indonesia. All state institutions existing in Indonesia changed because the 1945 Constitution was changed. Originally, the People’s Consultative Assembly is the highest institution, but there was no highest institution existed anymore in Indonesia subsequent to the change to the 1945 Constitution. 

“The People’s Consultative Assembly, the People’s Legislative Assembly, the President, the Regional Representative Assembly, the Supreme Court, the Constitutional Court and the Audit Board have an equal position and none of them is higher than the rest. The Constitution is the highest, because in the new state administration system, we recognize the existence of constitutional supremacy. Therefore, we position the Constitution as the highest law in Indonesia,” Irfan explained in the meeting which discussed the topic “Consolidation of State Institution Subsequent to the Change to the 1945 Constitution”. 

Irfan further explained that the consequence of the equal position of the People’s Consultative Assembly, the People’s Legislative Assembly, the President, the Regional Representative Assembly, the Supreme Court, the Constitutional Court and the Audit Board is the recognition of mechanism for the separation of power. In the 1945 Constitution prior to the change, we recognized the distribution of power. Then, in the 1945 Constitution subsequent to the amendment, we recognize the separation of power instead of the distribution of power. 

“In the past, the President held the power to make laws. Now it is returned to the People’s Legislative Assembly serving the legislation function,” Irfan said.

Irfan also purported that since the position of the President and the People’s Legislative Assembly is equal, now the President cannot dismiss the People’s Legislative Assembly and vice versa. 

“It is different from the time before the amendment to the 1945 Constitution, for example in 2001, President Gusdur once issued a Presidential Edict, the content of which is to dismiss the People’s Legislative Assembly,” Irfan emphasized to the students of the Senior High School of Indonesian Teachers’ Association 3 of Bogor. (Nano Tresna A.)



Thursday, October 21, 2010 | 15:46 WIB 306