Changing the 1945 Constitution is a Constitutional Coup

The 1998 reform messages did not discuss changes to the constitution Jakarta ( Indonesia Mandiri ) – Whereas the six demands for reform afte...

The 1998 reform messages did not discuss changes to the constitution
Jakarta (Indonesia Mandiri) – Whereas the six demands for reform after the fall of the New Order, had in fact been accommodated in the MPR Decrees/TAP MPR which were adopted by the MPR for the 1997-1999 period when the position of the MPR was still the highest state institution as well as the embodiment (sovereignty) of the people, so that the TAP MPR issued was regeling or arrange.

There were 12 MPR TAPs that were established after President Soeharto stepped down and the 12 TAPs were able to answer the six demands for reform. Furthermore, regarding what the demands were, which were accommodated in the TAP MPR, will be discussed in another article so that they are more focused. For this article --- referring to the title above --- discussed the main points first.

Once again, legally the constitution -- the demands for reform were completed in 1998 through the twelve TAP MPR. However, in this discussion, it is sufficient to look at the two TAPs (of the twelve TAPs of the MPR). The two TAPs are:

First, TAP MPR Number XIII dated 13 November 1998 concerning Limitations on the Term of Office of the President and Vice President of the Republic of Indonesia. This TAP contains two articles. The main point in article 1: The President and Vice President of the Republic of Indonesia hold office for a five-year term and after that they can be re-elected to the same position for only one term.

Second, TAP MPR Number XVI dated 13 November 1998 concerning Economic Politics in the framework of Economic Democracy. This TAP contains 16 articles. So, in order to summarize the substance of the 16 articles, the short narrative is as follows:

1. the basic principle of Economic Democracy is prioritizing the interests of the common people for the greatest possible prosperity of the people as referred to in Article 33 of the 1945 Constitution;

2. Creating a national economic structure so that a strong and large number of medium-sized entrepreneurs are formed and mutually beneficial partnerships are formed between economic actors which include small, medium and cooperative businesses, large private businesses and BUMN that mutually strengthen each other.

3. In the implementation of Economic Democracy, the accumulation of assets and the concentration of economic power in one person, group of people or company must not be abolished.

4. Entrepreneurs with a weak economy must be given priority in developing their business so that they are independent, especially in the utilization of natural resources and access to sources of funds. At the same time, as the main pillar of the national economy, it must obtain the main opportunity, support, protection and development as wide as possible as a form of firm alignment with the people's economic business groups;

5. Large enterprises and state-owned enterprises have the right to manage natural resources in a healthy way and partner with small and medium entrepreneurs and cooperatives;

6. In the utilization of land and natural resources, it must be fair and eliminate all forms of concentration of control and ownership. And land as the basis of agricultural business, its use must be prioritized for the growth of people's agriculture.

7. Banking and financial institutions are obliged to open as many opportunities as possible for small, medium enterprises and cooperatives.

8. also arrangements for Bank Indonesia that are independent and free from interference from the government and other outside parties as well as arrangements for foreign loans, both government and private, and others.

TAP MPR Number XVI above, closes with articles regulating the government, DPR, and the President/Mandatarist of the MPR to encourage, supervise and regulate further in various laws (if you want to read in more detail, please googling TAP MPR/XVI/MPR/1998 dated November 13, 1998).

An inquiring question arises, "Does the material in the TAP MPR above contain orders and mandates to amend or amend the 1945 Constitution?" The answer, "Nothing!", Nothing at all. Even what is written in the TAP MPR XVI is clear, for example, namely:

1. Article 14: The government and the DPR encourage and supervise the implementation of economic politics as referred to in this Decree in the framework of realizing economic justice that is felt by and enjoyed by the people at large.

2. Article 15: Assigns the President/Mandatory of the Joint MPR to further regulate in various laws as the implementation of Political Economy in the framework of Economic Democracy as referred to in this Decree with due observance of measurable targets and timelines.

So, why was the 1945 Constitution amended four times (1999, 2000, 2001 and 2002) by 'reformists'? Whereas the mandate in the TAP MPR to the government and the DPR only encourages oversight of the course of Economic Democracy, and the mandate to the President to further regulate various laws?

Zulkifli S. Ekomei

The answer is none other than: "That's a Constitutional Coup" (Dr. Zulkifli S. Ekomei (constitutional activist).

Photo: Doc. Tempo/Special

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Indonesia News: Changing the 1945 Constitution is a Constitutional Coup
Changing the 1945 Constitution is a Constitutional Coup
Indonesia News
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