Speakers Lita Tyesta Addy Listya Wardhani, Martitah, and Nimatul Huda at a constitutional webinar on amendment to constitution and democratic consolidation, Tuesday (9/9/2025). Photo by MKRI.

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JAKARTA (MKRI) — The Constitutional Court (MK) of the Republic of Indonesia, in collaboration with the Center for Pancasila and constitutional studies, faculty of law, state university of semarang (unnes), held a constitutional Webinar under the theme “Amendment to Constitution and Democratic Consolidation” on Tuesday, September 9, 2025. Prof. Dr. I Dewa Gede Palguna, former constitutional justice for 2003–2008 and 2015–2020, delivered the keynote speech by reciting a poem titled “Rakyat” (The People) by poet Hartojo Andangdjaja of the Generation of ‘66.

The People

The people are us
millions of hands that rise and strive
upon this beloved earth where dreams survive
millions of hands moving as one
to clear wild forests into fields in bloom
to lift the smoke where cities grow
to raise the sails, the nets to throw
to search the depths where shadows call
in mines of metal, of coal
The people are the hands that toil…

Palguna said that democracy is “noisy.” As Bung Hatta once said, it is the embodiment of the people’s sovereignty—the embodiment of the people’s voices. Referring to Hartoyo Andangjaya’s poem, the people are “us,” and “we” are “diverse voices.”

Palguna continued the discussion with two opening questions. First, what is democratic consolidation? Second, why is it important?

Democratic Consolidation

Simply, Palguna explained democratic consolidation is the effort to make democracy strong and enduring—not only at the institutional level but, more importantly, at the societal level. Therefore, its scope inevitably involves strengthening democratic structures and procedures, all directed toward one point: the acceptance of democracy as the only legitimate way to obtain and exercise power.

Democratic consolidation involves the process of internalizing democratic values, improving governance, and increasing citizens’ participation in democratic processes and practices. In short, it is the process of stabilizing and strengthening democratic norms, institutions, and practices in a country.

As Indonesia’s experience shows, democratic consolidation is crucial because many facts indicate that the transition from an authoritarian regime to a democratic one is not easy. Many countries failed to make it through. The main reason is that transitional regimes are often impatient with those many “noisy” voices, creating a strong temptation—even a “longing”—to return to authoritarian times.

“It is also very important to note that this almost always occurs in countries undergoing a democratic transition. The chances of failure in consolidating democracy in a country transitioning from authoritarianism to democracy become much greater when faced with feudal culture and patron–client political practices,” Palguna said.

To succeed, democratic consolidation requires at least active citizen participation with a high level of political awareness. Healthy political parties is also essential—not merely to mobilize voters but, more importantly, to foster constructive political participation. Furthermore, the democratic consolidation requires adherence to and acceptance of the Constitution as the rule of the game in national life, particularly in ensuring that elections are conducted without violating the Constitution. This, in turn, encourages all political actors to accept election results as part of democratic awareness.

However, all of the above may become insignificant if socio-economic conditions are very weak, a situation that often drives people to behave pragmatically and opportunistically. Thus, socio-economic conditions often appear to be a determining factor in the success of democratic consolidation. Democratic consolidation is not only a necessity for countries categorized as new democracies but also for those still in the process of democratic transition.

Amendment to Constitution

Next, Palguna explained that constitutional amendment is necessary because, essentially, it is one of the efforts to keep a constitution alive and relevant—capable of adapting to change, responsive to contemporary realities, able to address political demands, properly respond to the evolving understanding and nature of constitutional rights, and meet the demands of good governance. This is possible because, through amendments, weaknesses within the constitution itself can be corrected and, at the same time, very serious issues that were previously undetected can be given space to be regulated.

Within certain limits, constitutional amendment is also open to adding new constitutional rights. This is possible because constitutional rights are the “constitutionalization” of human rights. Meanwhile, human rights are not entirely inherent rights derived from natural rights inherent in the human condition simply by being human; some rights also arise from the development of civilization or ideas.

However, scholars generally agree that a (written) constitution should not be too easily amended. This is because one of the key distinctions between a (written) constitution and ordinary laws is that the process of amending a constitution must be relatively more difficult than changing ordinary laws. There is a certain sense of solemnity that is inherently tied to a written constitution, a character not always easy to explain.

Nevertheless, Palguna reminded that the design of the current state system rests on political parties. The functioning of norms and institutions that shape the state system is based on the assumption that existing political parties have at least met the minimum standards required to make the system work properly.

“In my view, this assumption has proven untrue, and in some respects, even the opposite. Hence, here is my thesis: as long as existing political parties—and/or those that will emerge in the future—do not operate on the foundation of meritocratic principles, no matter how well changes to norms and institutions are made through amendments to the 1945 Constitution, such efforts will not result in democratic consolidation as envisioned,” he stated.

Constitutional Court as Guardian of Constitution

Meanwhile, Professor Ni’matul Huda, a senior lecturer at the Faculty of Law, Islamic University of Indonesia, stated that the Constitutional Court’s constitutional authority embodies the principle of checks and balances, which places all state institutions on an equal footing so they can exercise mutual oversight and maintain equilibrium in governance. The establishment of the Constitutional Court is clearly a progressive step to correct the performance of state institutions, particularly in fostering political maturity within the nation and state.

“The Constitutional Court’s position is crucial for safeguarding democracy. The constitutional values expressed through legislation, which are later reviewed by the Court, must be preserved by the Court to ensure democratic consolidation—at least through the Court as the guardian of the Constitution,” Ni’matul said.

She cited former constitutional justice Maruarar Siahaan’s view that the effectiveness of checks and balances can be seen from whether or not lawmakers comply with Constitutional Court rulings. Compliance with its decisions can also serve as a measure of whether the 1945 Constitution—the highest law in the state—truly functions as a living constitution.

“When lawmakers move too far away from their principles and ideals, or even violate the Constitution in the lawmaking process, the public’s expectation is that the Constitutional Court will enforce the boundaries so that lawmakers adhere to the Constitution, democratic values, and human rights,” Ni’matul explained.

She went on to stress that democratic consolidation requires political commitment or the political will of stakeholders to consciously work together in realizing it. Otherwise, a prolonged democratic transition could risk pulling the country back into authoritarianism. Democracy, she emphasized, is not only the responsibility of one person but a collective duty of all citizens to safeguard and uphold it.

Also speaking in this webinar were Professor Lita Tyesta Addy Listya Wardhani from the Faculty of Law of Diponegoro University and Professor Martitah from the Faculty of Law of the State University of Semarang.

Author       : Mimi Kartika
Editor        : N. Rosi.
Translator  : Jessica Rivena Meilania/YW

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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