The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia

Research Article

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

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  • @INPROCEEDINGS{10.4108/eai.10-9-2019.2289420,
        author={Lisnawaty  W. Badu and Novendri  M. Nggilu and Suwitno  Y.Imran and Suci Priyanti Kartika Canda Sari},
        title={Participative Model of 1945 (Fifth Amendment) Amendment Through the Constitutional Commission},
        proceedings={The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia},
        publisher={EAI},
        proceedings_a={ICIDS},
        year={2019},
        month={11},
        keywords={participative model fifth amendment indonesian 1945 constitution constitutional commission},
        doi={10.4108/eai.10-9-2019.2289420}
    }
    
  • Lisnawaty W. Badu
    Novendri M. Nggilu
    Suwitno Y.Imran
    Suci Priyanti Kartika Canda Sari
    Year: 2019
    Participative Model of 1945 (Fifth Amendment) Amendment Through the Constitutional Commission
    ICIDS
    EAI
    DOI: 10.4108/eai.10-9-2019.2289420
Lisnawaty W. Badu1,*, Novendri M. Nggilu1, Suwitno Y.Imran1, Suci Priyanti Kartika Canda Sari1
  • 1: Gorontalo State University, Jl. Jenderal Sudirman No.6, Dulalowo Tim., Kota Tengah, Kota Gorontalo, Gorontalo 96128, Indonesia
*Contact email: lisnawatybadu69@gmail.com

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. 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.