Andi Mattalata: If You Want To Amend The 1945 Constitution, You Must Have A Strong Reason

Andi Mattalata. (Dok Inakoran)

JAKARTA - The plan for a limited amendment to the 1945 Constitution is indeed possible in accordance with Article 37. However, to implement it, there are several conditions that must be met. Start procedural requirements and the urgency of the substance. This was emphasized by Mohammad Andi Mattalatta, SH, MH, a senior politician from the Golkar Party who is also a former Minister of Law and Human Rights in the United Indonesia Cabinet.

“Thus it must be based on careful and comprehensive considerations, because the articles of the Constitution are a unified system, which are interrelated. Changing one article must look at its relation to other articles," said Andi Mattalatta on Wednesday, October 13.

According to Andi Mattalatta, so far the amendments to the Constitution that have been made are actually responding to criticisms of the 1945 Constitution before the current one. For example, the term of office of the president is limited to a maximum of two terms which were not previously regulated.

Then all members of the people's representative institutions must be elected, some of which were previously appointed. Election organizers must be independent, which was previously carried out by the government. Then strengthen regional autonomy within the framework of the Unitary State of the Republic of Indonesia.

"The changes are not prohibited. However, there must still be a basis. Right now I don't see any urgency," said Andi Mattalatta.

The chairman of the Golkar Party faction in the DPR for the 2004-2007 period said this in response to media questions, Wednesday (13/10/2021). “Article 37 has actually closed all gaps. But even if there is a change, it must be arranged, it must be shown which one is to be changed. And what is the basis, not just because of feeling. The basis of logic is a formal procedure. It is not prohibited, possibilities are opened, but the problem is what is the urgency, "said Andi Mattalatta.

Regarding the need for PPHN (Points of State Policy) for sustainable development, according to Andi Mattalatta, there is no need for amendments to the 1945 Constitution because PPHN in the form of a state management and administration policy has been regulated in the current articles of the Constitution.

PPHN in the form of a development planning system has also been regulated in Law no. 25 of 2004. PPHN in the form of a long and medium term development plan for 2005 - 2025 has been regulated in Law no. 17 of 2007. The elaboration of PPHN in the form of an annual plan has been regulated in the Law on the RAPBN every year.

"It seems that people miss the GBHN/PPHN, because in the past this was very popularized with the mandatory P4 upgrading, even though its implementation in the Repelita and APBN there was always a deviation through the deregulation policy at that time," said Andi Mattalatta.

Meanwhile, according to Andi Mattalatta, the law on the development planning system, the long- and medium-term development law and the current state budget law, are actually sufficient to accommodate the desire to guarantee sustainable development. The reasons are, firstly, if the completion is incomplete through a law so as to avoid unnecessary political commotion.

The two were discussed by three parties: DPR, DPD, and the President, while in the amendment the president did not participate. Even though it was the President who was responsible for implementing it. The three laws must be popularized so that the general public is aware that the PPHN material that the community has dreamed of already exists, and is open to perfecting it through changes to the law.

"No less important is the President's oath in Article 9 of the 1945 Constitution, namely upholding the 1945 Constitution and carrying out all laws and regulations as straight as possible. There is no sentence to run the MPR Decree," said Andi Mattalatta.

Andi Mattalatta explained that the plan to amend the 1945 Constitution will always be criticized. In fact, the 1945 Constitution is already the direction of the state. The 1945 Constitution has regulated all the main things.

The discourse on amendments to Article 37 of the 1945 Constitution should be studied comprehensively by opening a space for joint dialogue and creating a review team that involves all elements of the nation, not just the MPR study team.

“If it is considered that the continuity of unplanned development because there is no GBHN, this is not true. Because the Constitution is the direction of the state," said Andi Mattalatta.

Andi Mattalatta again emphasized that he does not see the urgency to amend the 1945 Constitution at this time. He acknowledged that it is very important to establish development guidelines in a country, but the constitution does not regulate important matters, but basic and basic matters.