Author

Fence M Wantu

Subject

- Hukum

Abstract

Indonesian constitutional amendment that occurred in 1999-2002 had blind spots, especially in terms of the process, low public participation, especially when compared to countries that made constitutional amendments in the regime transition, an important reminder to revise in the momentum of the Fifth Amendment to the Indonesian constitution. This article aims to define the constitutional amendment process that relies on democratic principles requiring public participation in the amendment process, especially in the 4.0 era where technological advances become an important part in legal development, including the constitutional amendments. This study used a qualitative method with a historical, conceptual, and comparative approach. The resistance that the People's Consultative Assembly (MPR) holds towards the results of a comprehensive study by the Constitutional Commission formed by the MPR itself indicates that the MPR dominates of the implementation of constitutional amendments in 1999-2002 by the MPR, which also led to low public participation. The momentum of the fifth amendment of the Indonesian Constitution must be carried out on the basis of democratic principles that open the way for public involvement in constitutional dialogue directly and by the use of technological advances in the 4.0 era, which in fact can bridge over the demographic and topographical conditions that have been an obstacle to public participation in general policy formulation. Keywords: Amendment; Constitution; Democracy; Public Participation.

Publisher

Allied Academies

Contributor

-

Publish

2020

Material Type

ARTIKEL

Right

-