Author
Novendri M Nggilu
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
-
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