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Continuity and discontinuity in Indonesian constitutionalism
Free and regular elections are a concrete means of enforcing constitutional power, people’s constitutional rights and policy correction mechanisms.
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Presidential term extension cartoon. (JP/T. Sutanto)
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tories published by The Jakarta Post recently have highlighted the debate surrounding the proposed postponement of the 2024 elections and a potential fifth amendment to extend the presidential term limit.
The article “Nasdem, Dems align against election postponement” published on Thursday highlights the Nasdem Party's move to join forces with the Democratic Party in rejecting the election delay and any constitutional amendment to extend the presidential term.
Another Post article titled “Push for Jokowi’s term extension intensifies” published on Friday further outlines how President Joko “Jokowi” Widodo’s term extension proposal has developed at the grassroots level, as many regions are now seeing a proliferation of banners of support set up by volunteer groups.
The two articles have two main takeaways. Firstly, the opposition to the election delay will potentially expand because almost all political parties, both within and outside the ruling coalition, are now increasingly concerned about the developing constitutional issues. Secondly, the rapid development of the discourse surrounding the Jokowi term extension suggests that the issue is well orchestrated, targeting both elite and grassroots groups to ultimately form a public narrative.
In response, three counternarratives should be conveyed.
The first is in regard to the 1945 Constitution’s raison d'être. Conceptually, a constitution is a mechanism to frame and direct political behavior so that it aligns with basic structures put in place by the constitution’s makers. This basic structure is formed by popular sovereignty, the principle of the rule of law, constitutionalism, the protection of human rights and political rights, as well as a republican form of government.
Theories from French philosophers Montesquieu (1689-1755) and Benjamin Constant (1767-1830) specifically highlight the justification for the existence of a constitution. For Montesquieu, a constitution is a political framework to produce a legitimate authority to regulate society, regulate public institutions and control power itself. Meanwhile, for Constant, a constitution is more than just an instrument to protect society from the abuse of state power; it also forms a mechanism for community learning and governmental self-correction (Martin Loughlin, 2017).
