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Presidential system and unnecessary constitutional amendment
President Joko “Jokowi” Widodo has signaled his objection to a plan to amend the 1945 Constitution
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resident Joko “Jokowi” Widodo has signaled his objection to a plan to amend the 1945 Constitution. Like many others, he is afraid the constitutional amendment would restore the People’s Consultative Assembly (MPR) as the highest state institution and therefore pave the way for a return to the indirect election of the president by the MPR. He also thinks reinstatement of the State Policy Guidelines (GBHN), another item on the agenda of the amendment, is inadequate for rapid economic transformation.
Likewise, many have criticized the amendment plan, which is supported by the Indonesian Democratic Party of Struggle (PDI-P) and the Gerindra Party, saying they see no urgency for it.
The constitutional amendment, if realized, amounts to a setback that will undermine the democratization that Indonesia has been working toward for 20 years. There are at least four political and economic reasons to reject the amendment plan, particularly the revival of the GBHN.
First, Indonesia has the National Long-Term Development Plan (RPJPN), which spans between 2005 and 2025. It answers the question of a sustainable development plan. The RPJPN, followed by the National Medium-Term Development Plan, has maintained the sustainability and connectivity of development programs from one term to another.
Second, restoring the GBHN will weaken the presidential system of government and undermine political legitimacy. It will reduce the president to merely being an agent of the MPR. Looking at Indonesia’s experience, the president would have to comply with the GBHN as a product of the MPR, or else he would face impeachment.
One key lesson was the case of then-president Abdurrahman Wahid, who was impeached in 2001. With such a hierarchy, the legislative branch wields more power than the executive branch.
The constitutional amendments between 1999 and 2003 led to a parallel transformation of democratization and the making of our political system into a presidential one. The system gives every president full command of all development plans and their implementation. It supports the ideal presidential characteristics, in which the president receives a full mandate from the people, through a democratic election, and hence becomes their agent.
Instead of the GBHN, strengthening the legislative authority of the Regional Representatives Council is more pressing
The vote should then be seen as the highest legitimation by the majority of the people, and as the source of accountability for all government policies. Thus, the GBHN is inconsistent either with the values or with the practical aspects of our presidential system. They cannot work together as a system.
Third, the president as head of the government is the person who must be adaptive to changes in the national and international economic landscape. Consequently, the president needs the flexibility to calculate every policy scenario that will come with any given situation. Technological change is happening every minute. Global dynamics also change rapidly. The GBHN would restrict the movement of future elected presidents because of the political incentive to please the MPR rather than answering the present challenges and satisfying voters.
Some proponents of the amendment argue that the GBHN would maintain Jokowi’s development concepts and ideas for future governments. This argument is the fourth reason to reject the GBHN.
Jokowi is expected to answer the challenges of the next five years. His agenda might fit with today’s demands, but there will be new challenges in the future for which the next president must come up with unique solutions. The political system requires room for policy innovation.
Instead of the GBHN, strengthening the legislative authority of the Regional Representatives Council would be more pressing should the Constitution need amending. This legislative chamber needs more power in law-making, rather than playing second fiddle in our politics.
Other than amending the Constitution, it is more urgent to reform and strengthen the political party institution. Political parties should be more democratically accountable internally to make sure regular and fair regeneration happens. Additionally, every political party has to make sure its legislative candidates go through a regeneration process.
The selection of the candidates must be more transparent and meet the democratic principle to avoid any potential for corruption or favoritism.
Another urgent item on the agenda of democratic consolidation is adoption of the open ballot system in legislative elections. Now that the dust is apparently settled, we can think about a better design to minimize the cost of elections and reduce vote-buying practices that have been the unintended consequences of the system.
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Researcher in the Department of Politics and Social Change at the Centre for Strategic and International Studies, Jakarta.
