Mahfud MD Affirms Amendment To The 1945 Constitution Is Not The Government's Domain But People's Consultative Assembly
JAKARTA - Coordinating Minister for Political, Legal, and Security Affairs, Mahfud MD, said that amendments to the 1945 Constitution are not the authority of the government but the Indonesia People's Consultative Assembly.
Thus, he stressed, the government of President Joko Widodo (Jokowi) will not interfere in the discourse initiated by the Chairman of the Indonesian People's Consultative Assembly, Bambang Soesatyo, when delivering the introductory speech to the People's Consultative Assembly Annual Session on Monday, August 16 last.
"The amendment to the constitution is the authority of the People's Consultative Assembly which represents all the people whose institutional legs are in the House of Representatives, political parties, Regional Representative Council, and others. So that various aspirational powers are channeled to the institutional legs and the constitution is provided", Mahfud said in an online discussion that was broadcast on YouTube Integrity Law Firm, Thursday, August 26.
The former Chief Justice of the Constitutional Court also stated that the amendment discourse did not need government approval. "The government does not interfere in this matter, the government does not agree or disagree", said Mahfud.
He said the government would still provide facilities if the Indonesian People's Consultative Assembly really wanted to do this. For example, by providing a political field or a place for discussion.
In addition, Mahfud also invited the Indonesian People's Consultative Assembly to convene or discuss this matter. The government, he said, would guarantee security during these activities.
"The substance of wanting to change it or not is the political decision of the authorized institution", he said.
Even so, he believes this discourse will cause pros and cons. Moreover, the resultant products of politics or agreements in the country are always considered not good and are often criticized when published.
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"Therefore, please discuss. There is no harm in having an opinion because theoretically the Constitution can indeed be changed but the method is not simple. There is through debate, deepening really cannot be unilateral", explained Mahfud.
"The government will provide the field. You can agree, the People's Consultative Assembly won't decide with the foot of the institution", he added.
As previously reported, People's Consultative Assembly Chairman, Bambang Soesatyo, considered that there was a need to amend the Basic Law to accommodate the Basic Principles of State Policy (PPHN). Therefore, a limited amendment to the 1945 Constitution of the Republic of Indonesia is needed, especially the addition of the People's Consultative Assembly's authority to stipulate PPHN.
“The process of changing the Constitution by the provisions of Article 37 of the 1945 Constitution of the Republic of Indonesia has strict requirements and mechanisms. Therefore, amendments to the Constitution can only be made to articles that are proposed to be amended along with the reasons", said Bambang Soesatyo in his introductory speech to the People's Consultative Assembly Annual Session at the Nusantara Building, Jakarta Parliament Complex, Monday, August 16.