Yusril: There Is No Other Interpretation Of The 1945 Constitution

Constitutional Law Expert Yusril Ihza Mahendra (Photo: Antara)

JAKARTA - Constitutional law expert, Yusril Ihza Mahendra, has spoken about the issue of adding a presidential position from two terms to three terms.

He said this was impossible. Because, referring to Article 7 of the 1945 Constitution, it is stated that the president and his deputy only serve a maximum of two terms.

"The president and vice president only serve a maximum of two terms of office for 10 years. There is no other interpretation," Yusril told reporters, Monday, March 15.

He explained, before the amendment, Article 7 of the 1945 Constitution had multiple interpretations because it reads: "The President and Vice President hold their posts for five years and after that they can be re-elected".

However, with the first amendment to the 1945 Constitution which was carried out in 1999, this multi-interpretation article has not changed.

"With the above amendments, it is impossible for a president to hold office for three terms. Unless an amendment is made to the provisions of Article 7 of the 1945 Constitution," he said.

Although he said that the amendment to the constitution could be carried out through a constitutional convention without making amendments, he was pessimistic that this would be carried out in an era like now.

The existence of trauma to the past so that people's freedom of expression will be an obstacle to holding this kind of convention.

Not only that, the public can now process this through a judicial review at the Constitutional Court. So, the possibility of changing the presidential term to three terms will certainly be difficult.

"In the current era of freedom of expression and media freedom, the rejection of the President's term of office to three terms based on the convention will face quite a challenge," said Yusril.

"People can question the third term of office by way of the convention in the Constitutional Court. If there is an amendment by the MPR on the norms of Article 7 of the 1945 Constitution, the Constitutional Court cannot do anything about it," he added.

Previously, Amien Rais, through his YouTube account, Amien Rais Official, revealed that the Jokowi administration had attempted to control top state institutions and this was considered dangerous.

The former chairman of the MPR also suspected that the Jokowi regime would push the MPR session to amend two articles. One of them is changing the term of office of the president.

"So they will take the first step asking the MPR Special Session, which may be one or two articles, he said, needs to be corrected. Which, I also don't know, but later a new article will be offered which then gives the right that the president can be elected three times," he said as quoted. of the video.

"If this is really their wish, then I think we can immediately say inalillahi wa inalillahirojiun," he added.

Separately, former Gerindra Party Deputy Chairman Arief Poyuono assessed that the discourse on the presidency for three terms needs serious attention. He admitted, the presidential term of only two terms was too short to lead the government.