Definition of Amendment, History, Procedure and Purpose

Education. Co. ID – On this occasion we will discuss the amendments, the full explanation will be described as follows:

Definition of Amendment

This amendment is a process of improving the Law (UU) without making changes to the Constitution or it can also be said to only complement or improve some details of the original Constitution. Then Based on constitutional law, the meaning of this amendment is a right that will be owned by the legislature to be able to do or can also provide suggestions / input on changes in the draft law that has been submitted by the government, in that case what the government says is the party executive.

Amendment comes from English which consists of to amend also often known as to make better, when interpreted in Indonesian which means the meaning is something that is often done to / in making changes or additions to a regulation, in this case the Law Basic.

In making amendments, several things are done, such as adding several provisions as well as articles. Revise or also improve articles that are not yet perfect and not detailed and can also reduce some articles which he considers unnecessary in the formulation of certain Constitutional texts. This amendment will be carried out in several stages or procedures. The things that you want to add, subtract (revise) will first be made inside The usual form of the amendment text will also be attached to the existing draft of the Constitution previous.

Amendment Procedure or Stages

Stated by K.C. Wheare in his book entitled Modern Constitutions explains that the constitution can be changed and changed by going through 4 possibilities, as for these 4 things including:

• There are forces that have primary properties (some primary forces)
• The Constitution provides for a formal amendment
• Legal interpretation (Judicial in interpretation)
• Habits and customs contained in the field of state administration (Usage and convention).

If in the 1945 Constitution, there is an article that regulates changes/amendments. As for the inner article, article 37 has regulated the amendments to the Constitution, so the amendments must be made in a formal amendment.

Amendment Stages According to Article 37 of the 1945 Constitution

In that article there are 3 rules or legal stages that need to be implemented, namely:

• The authority to amend the 1945 Constitution is the MPR
• In the amendment, the MPR session procedure must be attended by at least 2/3 of all its members (Quorum).
• Decisions related to an amendment to the 1945 Constitution are SAH, at the time of approval by at least 2/3 of the MPR members and fulfill a quorum.

Amendment History

The 1945 Constitution has been/has been amended 4 times, in which there are several articles or provisions that will be amended and some remain unchanged. Well, here are some amendments that have been made to the 1945 Constitution, including the following:

Amendment I

History The first amendment occurred in 1999, which was precisely on October 19 where the basis for the amendment was the SU MPR 14-21 October 1999. In this first amendment there are about 9 articles that will be amended including Article 5, Article 9, Article 13, Article 14, Article 15, Article 17, Article 20 or also Article 21.

In the first amendment, the point will be regarding the shift in executive power in terms of: It is the president who is seen or considered too strong so that an amendment needs to be made that.

Amendment II

The history of the amendments that occurred in 2000, which was precisely on August 18, 2000, which will be ratified through the General Assembly of the People's Consultative Assembly on August 7-8, 2000. In the second amendment, amendments to 5 chapters or 25 articles have been made. The articles that will be amended include Article 18, Article 18A, Article 18B, Article 19, Article 20, Article 20A, which have also been there are amendments to Article 22A, Article 22B, Article 25E, Article 26, Article 27, Articles 28A and 28B, 28C, 28D, 28E, 28F, 28G, 28H, 28I, up to Article 28J.

Apart from that, there have also been amendments to Article 30, Article 36A, 36B, 36C. In addition to making amendments to these articles, there will also be amendments to several chapters such as in Chapter IXA, Chapter X, Chapter XA, there has also been/has been an amendment to Chapter XII, Chapter XV. In the second amendment, the emphasis is more on the changes to the regional government, the DPR and will also regarding the authority of the DPR, which is seen in terms of human rights, the national anthem and also regarding the state symbol Indonesia.

Amendment III

In the history of the third amendment, which was ratified through the ST MPR on 1 until November 9, 2001 or rather this amendment occurred on November 10 of the year 2001. there are as many as 3 chapters or also 22 articles that will be amended in these three. The chapters that have been/have been amended are Chapter VIIA, Chapter VIIB, and also Chapter VIIIA.

As for the articles that will be amended in this third stage, they consist of Article 1, Article 3, Article 6, Article 6A, Article 7A to Article 7C, Article 8, Article 11, Article 17, Article 22C to 22E, Article 23, Article 23A, Article 23E, 23E, 23F, 23G, Article 24, Article 24 A to 24C.

This third amendment will also emphasize changes to the powers of the MPR, the presidency, the power of the judiciary, State finances, impeachment and also many have / have a core change in the form and sovereignty of the state Indonesia.

Amendment IV

The history of the last amendment is the fourth amendment which will be ratified/implemented on August 10, 2002 which was ratified through the ST MPR on August 1-11, 2002. In this last amendment, fewer changes will also be made if we compared to the previous changes where only amendments were made to 2 Chapters or 13 Article only.

The chapters that will be changed are in the form of Chapter XIII and Chapter XIV. Meanwhile, the articles that have been/have been amended consist of Article 2, Article 3, Article 6A, Article 8, Article 11, Article 16, Article 23B, Article 23D, Article 24, Article 31 to Article 34. What will be at the core of this latest amendment is the currency, the central bank, education or culture, the Indonesian national economy or social welfare.

Purpose of the 1945 Constitution Amendment

According to Husnie Thamrien, the purposes of the 1945 amendments to the 1945 Constitution are:

to unify the basic rules regarding the state order so that it can be more perfect in achieving national goals and also perfecting the basic rules that regarding guarantees or also the implementation of people's power, it can also be to expand people's participation to suit the development of democratic understanding perfecting basic rules and regarding guarantees or protection of rights so that they are in accordance with the development of human rights and human civilization that will become requirements for the rule of law, perfecting the basic rules for administering the state in a democratic or modern manner through a strict distribution of powers with a check system or balances that are more stringent or transparent as well as the formation of new state institutions in updating the development of the nation's needs or also the challenges of the times.

Or in general, the purposes of the amendments to the 1945 Constitution are as follows, namely:

• Can perfect the basic rules of state administration
• Perfecting the basic rules regarding guarantees and the implementation of people's sovereignty
• Can improve the basic rules regarding guarantees and protection of human rights
• Can perfect the basic rules of democratic or modern state administration
• Can complete the basic rules that are very important in the administration of the State
• Can perfect the basic rules regarding the life of the nation or state.

Thank you so much and thank you for reading about the Definition of Amendments, History, Procedures, and Objectives, hopefully what is described can be useful for you.