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Throughout the history of Indonesian nationalism began to Indonesia’s Independence Proclamation 1945, the constitution of Indonesia has experienced several ups and downs. The 1945 post establishment BPUPK and PPKI Proclamation of Indonesian Independence, the Constitution had to be replaced during the RIS 1949 which aims to accommodate the outcome of negotiations Linggar Teak agreement between the government of Indonesia and the Netherlands.

"But the Constitution of the RIS is a lot of opposition from various circles in the ground water, because it is the Constitution of the RIS is a testament to the weakness of the Indonesian government in dealing with negotiations with the Dutch," said Constitutional Court Justice Anwar Usman on The Graduation Program XII S1 and the Graduate School of Legal Studies (STIH) IBLAM in Jakarta, Saturday (13/11).

Due to opposition from various circles of the Constitution of the RIS, it is determined Provisional Constitution of 1950. Furthermore, this situation becomes expectations after the birth of a new constitution an election on December 15, 1955. The goal is to choose the members of the constituent which is expected to create a new constitution to replace the Provisional Constitution of 1950.

"Apparently the hope is deadlocked because of its constituent members do not reach an agreement," said Usman Anwar.

Finally on July 5, 1959, President Sukarno issued a decree which among others includes the dissolution of the Constituent Assembly, Provisional Constitution invalidates state in 1950 and returned to the 1945 Constitution. Post-Decree of the President, the 1945 Constitution as a sacred item that should not be the subject of discussion or debate, let alone to be changed.

After rolling the Political Reform 1998, the sacralization of the 1945 Constitution ended. The demands of democratization appear everywhere, along with the swift currents of all these reforms must be accommodated by staying grounded the Constitution, so as not to cause anarchy.

"Therefore, after the expiration of the New Order regime to the order of the reform and post-1999 elections, constitutional reform was begun, which is realized in four stages of the process of change, beginning 1999-2002," explained Anwar.

Anwar explained, a change in the constitution is deemed to be requirements that must be implemented, because the 1945 Constitution before the amendment, is no longer considered sufficient to provide the basis for the implementation of the state with the principles of good governance, and supporting the implementation of democracy and human rights.

"At least there are some fundamental reasons that led to the 1945 Constitution is not enough to support the implementation of democratic and uphold human rights," added Anwar.

Principal reasons that include the absence of a definite limitation of power of President, allowing the president to be re-elected in every election chances. In addition, understand the supremacy of the MPR which tend to be dominated by the political party winning the elections, which incidentally causing ruling party is not a system of checks and balances between branches of state power.

"In addition, the 1945 Constitution gives enormous power to the President, so that the President is very dominant in the realm of the state organization. Then, too, the 1945 Constitution before the amendment is entrusted to the spirit of state officials, so it is subjective and not rely on the system, "he said. (Nano Tresna A. / mh/Yazid.tr)

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