Hidayat Nur Wahid: There Is No Prohibition On Constitutional Amendments, But…

JAKARTA – This is not the only time that constitutional amendments have occurred, after the first period of constitutional amendments in 1999, movements to amend the constitution have also occurred several times. But most importantly, according to Hidayat Nur Wahid, Deputy Chairman of the MPR RI, there must be a strong reason when someone wants to propose an amendment.

“When I served as Chair of the MPR (2004-2009), after the first period of constitutional amendments, the movement to amend the constitution by returning to the original 1945 Constitution was also strong. This is done by legions of veterans, retired and senior figures. They want to return to the original 195 Constitution,” said Dr. H. Muhammad Hidayat Nur Wahid, Lc., MA to VOI in an online interview Wednesday, August 1.

As previously reported by VOI, the discourse about adding more than two terms to the president's term continues to surface even though President Jokowi himself has rejected this idea. The issue of the amendment to the presidential term coincides with the issue of the fifth amendment to the 1945 Constitution to accommodate the Principles of State Policy (PPHN).

What has been regulated in detail regarding the presidential term of office for five years and after that it can be re-elected in the next period, seems to be trying to change. The change is to increase the president's term of office to three terms. If the amendment to the addition of the presidential term from two to three terms is not accommodated, the desired change is an extension of the presidential term of office for a maximum of three years. This additional term of office was followed by the addition of the term of office for members of the DPR and DPD.

Regarding this constitutional amendment, said Hidayat, it is not prohibited and it can be done. “Based on the 1945 Constitution, Article 37 paragraphs 1, 2, 3 and 4 are clearly regulated regarding constitutional amendments. The amendments are constitutional. But because we are dealing with the state constitution, it's not just for safety and liking, this is something serious, not like making fried rice,” he said jokingly.

The 1945 Constitution after the amendment of the first period (1999), Hidayat said, made clear and detailed rules regarding the amendment. This is very different from the 1945 Constitution before it was amended in the first period. “In Article 37 of the 1945 Constitution before the amendment there were no detailed rules if you wanted to make an amendment. Now the rules are arranged in such detail. Article 37 paragraph 1 clearly states that the amendment can be carried out if it is proposed by at least one-third of the MPR members," said the Prosperous Justice Party (PKS) declarator.

Currently, the discourse on the new constitutional amendment is busy in the media, observers, and some party leaders. Meanwhile, in the MPR members, no one has officially proposed. “Proposers for the amendment as regulated in Article 37 paragraph 1 must be at least one third or as many as 237 or 238 people. If there isn't one, it's just a flower of democracy," he said.

Not only is the proposal completed, continued Hidayat Nur Wahid, a member of the MPR who proposed amendments to the constitution, according to the rules in article 37 paragraph 2 of the 1945 Constitution, those who propose amendments must be held accountable. “The amendment proposal must be made in writing, stating which articles will be changed and the reasons for making the changes. Then the new editor for the changes must also be detailed, "said the second president of the PKS.

So the MPR member who proposes the amendment cannot bring a blank form with the name of the change or amendment only, while its contents are not explained. “This will lock up people who want to overtake around the corner or entrust certain political agendas such as extending the presidential term. So it can't be. If before the 1945 Constitution was amended in the first period, something like this could have happened. But now it can't be done anymore," he said.

Although the discourse on constitutional amendments has been buzzing in the media, and discussed by party leaders and political observers, to this day, no MPR member has proposed constitutional amendments. “Until today, there is still no MPR member who has proposed amendments to the constitution. As leaders of the MPR, we do not have the authority to prohibit members from proposing amendments. But we will also not provoke MPR members to make amendments," said Hidayat Nur Wahid.