UNS — Chief of Democracy and National Resilience Study Center (Pusdemtanas) LPPM Universitas Sebelas Maret (UNS) Surakarta, Dr. Sunny Ummul Firdaus, shared some considerations for People’s Consultative Assembly (MPR) RI if UUD 1945 will be amended. These considerations include a study on MPR institutional studies, strengthening DPD function, regulating judicial power, for example, legal testing, constitutional complaint, regulating partisan system, research on the implementation of legislation function, presidential serving periods.
“A comprehensive study is needed to determine what should be amended, considering the dynamics in Indonesia’s state administration development. Many legal implementations should be considered in the fifth amendment,” Dr. Sunny Ummul Firdaus stated in an interview with uns.ac.id, Friday (26/3/2021).
Dr. Sunny Ummul Firdaus, the expert in constitutional law (HTN) Faculty of Law (FH) UNS, explained that UUD 1945 could be amended in this condition, though historically, UUD 1945 amendment in Indonesia occurred after extraordinary momentum, for example, in 1998. However, she considers that amendment is necessary when there are changes in the state dynamics because a good constitution follows time development. “This means UUD should pay attention to the constitution that lives in the community (The Living Constitution),” she explained.
Further, she said that as a legal and political document formulated by MPR to represent people sovereignty, the political will factor plays a vital part in implementing the amendment. Dr. Sunny Ummul Firdaus also mentioned other factors that affect the UUD 1945 amendment, such as sociological, juridical, and political factors. The sociological factor emphasized the community’s need for an amendment, while the juridical aspect represents the need for an adjustment in a policy’s direction. “Or even, political, which is affected by certain interests,” Dr. Sunny Ummul Firdaus said.
Returning MPR Dignity and Indirect President Election
Dr. Sunny Ummul Firdaus also mentioned the issue of indirect president election through MPR. She stated that as a democratic country, a presidential election must be conducted democratically. She reminded that in line with the people sovereignty, legality, and government legitimacy are vital factors in the modern democracy concept. Even though MPR is an institution that holds people’s sovereignty, the “people” do not always be defined that way. The election should follow the current condition and development.
“In the modern era and its facilities, indirect president election is incorrect,” she emphasized.
Dr. Sunny Ummul Firdaus also discussed the National Development Planning System supported by an Outline of State Direction (GBHN), which provides clear direction and integration in national development. If MPR wants to bring GBHN back, it will serve as norms and principles for all country and nation elements. “However, a new, more democratic system that does not contradict the existing principles is needed to bring GBHN back,” she concluded. Humas UNS
Reporter: Yefta Christopherus AS
Editor: Dwi Hastuti