Participative Model of 1945 (Fifth Amendment) Amendment Through the Constitutional Commission

Abstract

The research problems are about what participative amendment model of the 1945 Constitution of the Republic of Indonesia is. In this study, the researchers used statute and conceptual approaches as well as comparative approach, with primary and secondary sources of authorities. This research used prescriptive analysis. In general, this study examines the constitutional, conventional process amendment as managed in Article 3 Paragraph (1) and Article 37 of the 1945 Constitution of the Republic of Indonesia, the conventional amendment which constitutes the MPR's authority is considered challenging to result in a democratic and participatory constitution. This can be seen from two Dimensions, namely as follows; a very strong MPR has changed the philosophical dimension in which the philosophical constitution limits power with an orientation of interests and power; second is the historical dimension referring to the process and 1999, 2000, 2001 and 2002 constitutional amendments outcome. Therefore, the good results vanadium existence that will be primarily determined by the process, this research hence is directed to reconceptualize the change model of the 1945 Indonesia Republic Constitution which is participative by constitution commission institution which has the state auxiliary body characteristic as well as describes how the process and mechanism action which is participatory as to produce the people's constitution without negating the constitutional amendment authority is currently attached to the MPR institution. To strengthen this paper analysis, researchers also conducted a constitutional comparison amendment in 3 (three) countries, namely Thailand, Philippines, and South Africa.