Any amendment should aim to achieve robust constitutional order and election governance with integrity by expediting political party reforms and oversight of political party finances.
n June 12, 2024, The Jakarta Post reported that Bambang Soesatyo, the speaker of the People's Consultative Assembly (MPR), proposed an amendment to the 1945 Constitution, claiming unanimous support from all MPR factions. His proposal aims to abolish the direct presidential election system, one of the fruits of the reform era that put an end to New Order back in 1998.
The rise of transactional and money politics in elections has been deemed a justification of the constitutional amendment. Bambang argues that an indirect election system at both the national and regional level would fundamentally reflect the fourth principle of Pancasila.
This amendment, if approved, would reinstate the MPR as the holder of the people’s mandate that would supervise the president, according to Kompas.
The discourse prompted Mahfud MD, a constitutional law professor who ran for vice president in February, to defend the direct elections in an article entitled “Restu Amandemen dari Pak Amien” (A blessing for amendment from Mr Amien), published by Kompas on June 15, 2024.
According to Mahfud, the four amendments to the 1945 Constitution between 1999 and 2003 can be viewed as a collective mistake. However, it is important to recognize that these amendments were the product of consensus among its framers, considering the political, economic, social and cultural circumstances prevailing in the nation at that time. Therefore, the four amendments to the 1945 Constitution represented a consensus reflective of the conditions of the era. Consequently, any future amendments to the 1945 Constitution will hinge upon the attainment of a new consensus.
The constitutional amendments do not provide an immediate solution to the constitutional issues that arise. Throughout our constitutional history, it has become evident that while the Constitution can be continually crafted and amended, none of these endeavors are inherently flawless, thereby necessitating ongoing revisions.
These efforts have failed to pinpoint the underlying causes of the problems within our constitutional system. The primary focus driving the discussion on amendments is not just about establishing a new political consensus, but also about instilling discipline and maintaining consistency in moral, ethical, constitutional and legal conduct.
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