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Constitutional Court backs amendment
Erwida Maulia , The Jakarta Post , Jakarta | Tue, 09/02/2008 10:21 AM | National
THE RIGHT WAY: Regional Representatives Council (DPD) Speaker Ginandjar Kartasasmita (second right) ushers visiting Constitutional Court chief Moh. Mahfud M.D. (left) before a meeting between leaders of the two institutions. (JP/R. Berto Wedhatama)
The nine-member Constitutional Court and leaders of the Regional Representatives Council (DPD) on Monday agreed a "comprehensive amendment" to the 1945 Constitution was necessary to turn Indonesia into a stable and powerful country.
Speaking after a closed-door meeting with the nine Constitutional Court judges, DPD speaker Ginandjar Kartasasmita said the constitutional amendment was urgently needed to "reinforce and revamp" the country's current system of governance.
"If we indeed adopt the presidential system, how can the government be so powerless compared to the parliament? In the presidential system, both must be equally powerful," he said.
"Experts said the Constitution should be immediately revamped before it gets worse. This country can never be stable if the system remains unclear," he added, referring to the Constitutional Court judges, saying they were "speaking as law experts and not as judges".
Moh. Mahfud M.D., the new head of the Constitutional Court, earlier said the nine judges had no authority to judge the substance of the Constitution.
"However, if an amendment really does take place, we'll be ready to follow the changes," he said.
Efforts to amend the Constitution, however, will not be easy, due to procedural hindrances, Ginandjar said.
Article 37 of the 1945 Constitution says any amendment must be proposed by at least 113 members of the People's Consultative Assembly (MPR); the plenary session must be attended by at least 213 members; and finally, the decision to amend the Constitution must be approved by at least half the MPR members plus one.
"This makes it practically impossible to amend the Constitution. That's why the judges, in their capacity as law experts, suggested Article 37 be the first subject of the amendment," Ginandjar said.
The MPR comprises the House of Representatives and the DPD.
Between 1999 and 2002, four amendments were made to the Constitution, bringing about major changes in the system of governance. The amendments included the revision of articles on presidential and vice presidential elections, the MPR, the DPD, the House of Representatives, regional administrations and local legislative councils.
Others included those on state defense and security, human rights and state territory, general elections, the financial audit board and judicial power, and education and culture.
The DPD has repeatedly demanded a fifth amendment to make it as powerful as the House. The DPD was founded in 2004 as part of a bicameral system, in which the senates hold the same powers as the House.
President Susilo Bambang Yudhoyono has publicly said his "hands and legs are tied" in the quest for the amendment, due to the legislative body's overriding authority.
