The Constitution of Indonesia has been amended four times since its creation, all of which were approved by the People's Consultative Assembly (MPR) during the 1999 – 2002 period.
The procedure to amend the constitution is dictated in Article 37 of the Constitution. The amendment is wholly processed by all components of the legislature, the MPR, as a joint sitting of its two components, the People's Representative Council (DPR) and the Regional Representative Council (DPD).
Amendment procedure
The constitutional amendment procedure is dictated by the Article 37 of the Constitution. The current procedures were introduced by the Fourth amendment to the constitution in 2002.
The article requires an amendment to be proposed by at least a third of the entire People's Consultative Assembly (MPR) members on a written form describing the proposed amendments and its justification. The quorum for a parliamentary special session to amend the constitution is set at a two-thirds majority of the MPR members. An amendment proposal needs only a simple majority of 50%+1 to be passed by the MPR. The previous amendment procedure required a 2/3 supermajority for an amendment to pass; this was modified to a simple majority on the fourth amendment of the constitution.
Article 37 dictated the constitution's only entrenched clause is on prohibition to amend the nature of Indonesia as a unitary state.
History
The first 1945 Constitution was abrogated by the Federal Constitution of 1949 for the entire period of the short-lived Republic of the United States of Indonesia, and later by the Provisional Constitution of 1950 on the Liberal democracy period in Indonesia (1950–1959). The 1945 Constitution was restored by a Presidential Decree on 5 July 1959 to address the Konstituante failure to set the replacement of the 1950 Constitution.
In the New Order regime, the authority committed to not to amend the constitution, as they perceived the constitution as final and stated its "sanctity" should be protected. Despite the MPR having entrenched its no-amendment position on the TAP MPR 1/1983, the MPR also dictated a procedure to amend the constitution, which includes proposals to be submitted by minimum of 4 (out of 5) complete parliamentary fraction members and a two-thirds majority for the proposed amendment to pass. After the initial passage, the law further dictates for a constitutional referendum authorised by the President to take place, with a double supermajority of 90% of electorate turnout and support votes required. In case the threshold was achieved, the MPR could continue and finalise the amendment process.
After the 1998 Reform, the new regime was increasingly open on constitutional amendment proposals. The law requiring a referendum to amend the constitution passed in 1985 was revoked in March 1999, significantly simplifying the future constitutional amendment process. MPR Speaker Amien Rais presided over the entire four MPR sessions to amend the constitution during the 1999 – 2002 period.
Amendments
First amendment
The first amendment was ratified in the MPR parliamentary session on 14–21 October 1999. In the first amendment, there were nine articles that were amended by the parliament, being Article 5, 7, 9, 13, 14, 15, 17, 20, and 21.
The amendment introduced a term limit of 5 years, renewable once, for both the president and vice president, and also allowed the president to be inaugurated before only the MPR speakers and Supreme Court justices in exceptional circumstances. The amendment also restricted executive power, as the president required MPR or Supreme Court consent beforehand on several occasions, such as before appointing ambassadors or granting amnesty.
The amendment revoked presidential power to write laws, now exclusively being a power of the legislature, with the president able only to propose laws instead of directly write laws.
Second amendment
The second amendment was ratified in the MPR parliamentary session on 7–18 August 2000. The second amendment involved modifications and additions to 21 articles.
The amendment recognises the autonomous status of Indonesian regions and introduces direct elections for regional leaders. The amendment also redefines functions of the DPR, and separation of functions of the military and the police. The second amendment introduces Nusantara as Indonesia's territorial character, new articles on human rights, and recognition of the constitutional status of the national anthem and the national emblem.