Constitutional Justice Saldi Isra speaking at a book by Richard Albert, organized by the Postgraduate School of Airlangga University, Friday (2/18/2022). Photo by Humas MK/Bayu.

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Friday, February 18, 2022 | 19:28 WIB

JAKARTA, Public Relations—Constitutional Justice Saldi Isra spoke at the launching of the book Memahami Seputar Amandemen Konstitusi (Understanding Constitutional Amendments) by Richard Albert, a constitutional law expert from the University of Texas, Austin, United States. The event took place on line and was organized by the Postgraduate School of Airlangga University on Friday, February 18, 2022.

“In this book, Richard began his ideas with a stance that the most important part of the constitution is how it regulates formal amendments for itself. It is an important statement from Richard. [He reminds me] of constitutional thinkers, constitutional change actors [who believe] that you should give priority to formal amendments over informal ones,” Justice Saldi said.

He also noted how Richard illustrates that the constitution and constitutional amendments are like a lock and a key that needs each other. If you follow that logic, according to Richard, the constitution may be changed, but under a formal procedure determined by the constitution.

Justice Saldi said that constitutional amendments that follow a formal procedure allows us to explore, like opening the window of the soul of the constitution. There is vulnerability to carrying out formal amendments although, on the other hand, there lies its greatest strength.

“The vulnerability is because the political situation of the formal reformers highly determines the substance. However, the biggest strength is the public space to then participate in the amendment process with broad public participation,” he explained.

Also read: Review of Richard Albert\'s Constitutional Amendments at Constitutional Court

Next, Justice Saldi quoted Albert that formal amendments are like the gates to the constitution. Equally important, Albert states, formal amendments to the constitution encourage public consideration of the constitutional meaning. Formal amendments give authority to institutions that make them. In the United States, for example, it is the Congress. In Indonesia it is the People’s Consultative Assembly (MPR).

“However, there should not be a congressional monopoly in the United States or a monopoly on the MPR in Indonesia. There must be a wide public participation for the process because this is a constitution made for the public,” he stressed.

In addition, he said, through formal amendments, it is possible to achieve transformative constitutional reforms. In that context, Albert actually wanted to say that formal amendments to the constitution are far from being the mainstay, or something important compared to other models.

“Richard Albert actually offers a new paradigm amidst the problems that occurred. He suggested that the constitution provide guidelines for what constitutional amenders should go through. In the next 2-3 years, his book will become an important debate in Indonesia that will change the perspective of constitutional law thinkers on how to actually amend the constitution,” Justice Saldi said. 

Suggestions for the Book

Justice Saldi offered suggestions for the book. First, he proposed a more eye-catching title—Paradigma Baru Amandemen Konstitusi (New Paradigms of Constitutional Amendment). He argued that the book offers many paradigms to constitutional amendments.

Second, he observed that many of the footnotes had not been translated into bahasa Indonesia. He suggested that the translator also provide additional footnotes to Albert’s. This, he said, is to aid the readers in understanding the author’s footnotes. Last, he suggested that the book’s editor recheck the accuracy of the translation.

Writer        : Nano Tresna Arfana
Editor        : Nur R.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 2/21/2022 12:29 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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