How to cite:

Dony Yusra Pebrianto, Sabri Yanto, Yanita Kusuma.(2021).Pulse of

Amendment of Article 7 of the 1945 Constitution during the Covid-

19 Pandemic in Indonesia. Journal Eduvest. 1(11): 1357-1365

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Eduvest – Journal of Universal Studies

Volume 1 Number 11, November 2021

p- ISSN 2775-3735 e-ISSN 2775-3727

PULSE OF AMENDMENT OF ARTICLE 7 OF THE 1945

CONSTITUTION DURING THE COVID-19 PANDEMIC IN

INDONESIA

Dony Yusra Pebrianto, Sabri Yanto, Yanita Kusuma

Jambi University, Indonesia

E-mail: yudianton@gmail.com, sabri.siaranpers@gmail.com, yanitaks@gmail.com

ARTICLE INFO ABSTRACT

Received:

October, 26

2021

Revised:

November, 17

2021

Approved:

November, 19

2021

The issue of the amendment of article 7 of the 1945

Constitution in Indonesia has caused an uproar among the

public during the COVID 19 pandemic. Although

constitutionally amendments can be made as article 37 of

the 1945 Constitution, it needs to be seen from three

sections, namely: 1. Changing the constitution with

careful consideration, not carelessness and self-

awareness; 2. Give people the opportunity to express their

views before making changes; 3. Protect the rights of

individuals or minorities. The results of several survey

institutions in Indonesia amendments to the three-term

presidential term some Indonesians refused. The purpose

of this study is to provide a scientific foundation on the

pulse rate of the 1945 Constitution during the current

COVID-19 pandemic in Indonesia. The purpose of this

study is to provide a scientific foundation on the pulse rate

of the 1945 Constitution during the current COVID-19

pandemic in Indonesia. The study uses normative legal

methods, using three methods, namely: legal methods,

historical methods, and conceptual methods. The

recommendation of this study is to provide advice and

input to JokPro groups and government support parties in

the discourse of the idea of a three-term president related

to article 7 of the 1945 Constitution.

Dony Yusra Pebrianto, Sabri Yanto, Yanita Kusuma

Pulse of Amendment of Article 7 of the 1945 Constitution during the Covid-19

Pandemic in Indonesia 1358

KEYWORDS

Amendments, 1945 Constitution, Constitution, Covid-19

This work is licensed under a Creative Commons

Attribution-ShareAlike 4.0 International

INTRODUCTION

The issue of the election of three presidential terms resurfaced and emerged in the

current government. The discourse led to discourse among academics, political parties,

researchers, and the public. Although the discourse was vociferously echoed in the era of

President Joko Widodo's government, but actually in the era of President Susilo Bambang

Yudhoyono's leadership, this discourse has begun to be proposed (Center for

Constitutional Law Studies Faculty of Law UII, 2021).

With the discourse to bring back, this is highly expected by JokPro, namely the

Jokowi and Prabowo 2024 communities that continue to encourage President Joko

Widodo and Prabowo Subianto to participate in the 2024 presidential election (Fransiskus

Adhiyuda Prasetia, 2021). According to M. Qodari in Prasetia (2021) as an advisor,

JokPro 2024 said optimistically that the amendment of the 1945 Constitution regarding

the presidential term to three periods is very possible as long as the conditions specified

in the 1945 Indonesian Constitution can be fulfilled. While according to Mardani Ali in

Rolando Fransiscus Sihombing (2021) he said that currently, everyone is struggling to

cope with the COVID-19 pandemic, therefore the 1945 Constitution is hoped not to be

done at this time.

Besides Mardani Ali in Amalia Salabi (2021) the conflict over the idea of a three-

term president is also opposed by some researchers such as:

Feri Ansari of the Constitution Research Center (Pusako) of Andalas University

stated that "The amendment of Article 7 of the Basic Law deviates from the desire of all

members of the Constitution at the time to avoid authoritarianism from the unlimited

authority of the President. Therefore, Article 7 is very clear".

1. Hadar Nafis Gumay of the Election Integrity and Democracy Network (Netgrit)

stated: "The idea of a three-term presidential term is deeply insulting to the

diverse Indonesian nation. With the emergence of potential figures in various

regions in Indonesia, I think this can open the opportunity to become President of

Indonesia, he has the right to appeal and remind the public to be careful with the

remarks of extending the presidential term. As is the case in some countries, the

COVID-19 pandemic is used as an excuse to expand power.

2. Fadli Ramadhanil of the Project manager of the Electoral and Democratic Society

(Perludem) said, "We oppose the idea of a three-term presidential term because a

healthy democracy should not focus on actors or figures who are judged to be

working well but in a fair and open system. Let different groups of people

participate and have equal opportunities".

3. The issue of the three-term amendment during the COVID-19 pandemic has

caused uproar in society, driven by the influence of current political power.

While the survey results according to Saiful Mujani in Syahrizal Sidik (2021)

from Research and Consulting (SMRC) Indonesian society rejects the discourse

of a three-term term, Similarly, the results of a survey conducted by the Center

for Strategic Actions of Indonesia (CISA) survey showed from 58.25 percent of

respondents who said they disagreed with the increase in the presidential term to

3 (three) times the period (Survei CISA: Mayoritas Tolak Presiden 3 Periode,

2021). Meanwhile, the results of the Survey of Carta Politika showed that 61.3%

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of the public disagreed with the president's three-term discourse (Wilda Hayatun

Rufus, 2021).

Thus, according to the author of the three-term presidential discourse issue, some

Indonesians do not agree with the amendment and have made a polemic during the

current COVID-19 pandemic. But constitutionally as Article 7 of the 1945 Constitution

states: "The president and vice president serve for a five-year term, and after that can only

be re-elected for one term“ (Nurjamila Siregar, 2019). This means the positions of

president and vice president are maximum twice the term. As well as in (Dicky Eko

Prasetio, 2021).

Based on these problems, the author limited the problems and legal arguments

studied related to article 7 of the 1945 Constitution. Therefore, scientific steps are needed

to review the pulse of article 7 amendments during the COVID 19 pandemic, the

discourse that develops in the community will not cause controversy. Thus to answer

questions related to public law, this research becomes very important to be discussed on

the issue of the three-term presidential amendment discourse during the COVID 19

pandemic.

RESEARCH METHOD

This research is normative legal research, using three methods, namely: legal

methods, historical methods, and conceptual methods. In addition to using literature

research, this study also uses primary and secondary techniques to collect legal materials,

namely: document tracking, literature books, legal journals, and laws and regulations

related to research objects (Prasetyoningsih, 2020). In addition, the data obtained are

presented and qualitatively, then analyzed as a basis to conclude (M. Yasin Al-Arif,

2017).

In this study, several journals have conducted related research similar to the

author's journal, namely: 1. Nanik Prasetyoningsih discussed the 5th Amendment:

Towards a New Constitution in Indonesia, 2. Muwaffiq Jufri discussed the Urgency of the

Fifth Amendment in the Constitution of the Republic of Indonesia of 1945 Regarding The

Rights and Freedom of Religion, 3. Ro'is Alfauzi and Orien Effendi discussed the

Establishment of Power Based on Constitutionalism in Democracies, 4. Mohammad

Ibrahim discussed the Restriction of Constitutional Amendment Powers: Theory,

Practice in Several Countries and Their Relevance in Indonesia, 5. Taufiqurrohman

Syahuri discusses the Method of Amendment of the 1945 Constitution and its

Comparison with the Constitution in Several Countries, 6. Dicky Eko Prasetio discusses

the Idea of a 3-Term Presidential Office

RESULT AND DISCUSSION

A Brief History of amendments to the 1945 Constitution

The 1945 Constitution is the constitution of the Republic of Indonesia and was

passed as the country's constitution by the Preparatory Committee for Indonesian

Independence (PPKI) on August 18, 1945 or the day after Indonesia proclaimed its

independence. Avec la dissolution du RIS, à partir du 17 août 1950, la Loi fondamentale

provisoire (UUDS) a été promulguée. En outre, conformément au décret du Président

Sukarno du 5 juillet 1959, le 22 juillet 1959, la Chambre des représentants de la

République d’Indonésie (RPD) a réannoncé et adopté la Constitution de 1945 par

acclamation (Raditya, 2020).

Throughout its history, the 1945 Constitution has undergone four revisions or

Dony Yusra Pebrianto, Sabri Yanto, Yanita Kusuma

Pulse of Amendment of Article 7 of the 1945 Constitution during the Covid-19

Pandemic in Indonesia 1360

changes, between 1999 and 2002, the changes were made at the annual meeting of the

General Assembly and the People's Consultative Assembly (MPR), namely: The First

Amendment to the 1945 Constitution was passed at the Plenary Session of the MPR on

October 14, 1999, on; The Second Amendment of the 1945 Constitution was passed on

August 7, 2000, held at the MPR Annual Session on January 18 to January 18; The Third

Amendment of the 1945 Constitution was implemented at the MPR Annual Meeting on

November 19, 2001; The Fourth Amendment of the 1945 Constitution at the People's

Deliberations on August 11, 2002.

According to Dokuritsu Zyunbi Tyoosakai in Syahuri (2010) The 1945 Constitution

was first established and passed by the Preparatory Committee for Indonesian

Independence (PPKI) originally formed by the Japanese Balatentara Government under

the name "Dokuritsu Zyunbi Inkai", but he stated that the passage of the Basic Law was

acting on behalf of the Indonesian nation itself. Thus according to the author of Indonesia

has had a constituent since pre-independence. While Taufik Syah (2009) the first

constitution approved by BPUPKI was then replaced with a version of PPKI until the

Presidential Decree 1959, which was revised in four stages during 1999-2002.

Thus according to the author of the 1945 Constitution as the highest constitutional

norm. While according to Jimly Asshiddiqie (2006) the existence of the 1945

Constitution is a constitution that has strategic interests and urgency for a country, both a

newly independent country and an independent country. Because the constitution is the

basis for regulating the life of the country.

Constitution Amendment

Deep The Great Dictionary of Indonesian (KBBI) the word amendment or

amendment is a form of the word not standard of the word amendment so that in the

correct writing is an amendment. While the meaning of the word amendment is the

proposed legislative reform proposed by the House of Representatives (KBBI Daring).

Thus according to the author of the amendment is a method of constitutional change that

is no stranger to constitutional research. In general, as said by Sri Sumantri in Muwaffiq

Jupri (2021) the constitution is amended in response to certain changes that require such

changes, including in the constitution not out of date.

In the course of state regulations in Indonesia, constitutionally this is done by

changing the rules and provisions of the applicable constitution. Although there is an

opportunity to amend the 1945 Constitution, as stipulated in Article 37 paragraph (3) of

the 1945 Constitution, "To change the provisions of the constitution, the MPR has at least

2/3 of the number of MPR members" realized by making changes to the applicable

constitutional rules. Although there is an opportunity in amending the 1945 Constitution,

as the formulation of Article 37 paragraph (3) of the 1945 Constitution which reads "To

amend the articles of the Basic Law, the Session of the People's Consultative Assembly

was attended by at least 2/3 of the number of members of the People's Consultative

Assembly". But in the conditions of the covid-19 pandemic, the three-term presidential

proposal should be reviewed in advance so that the target of constitutional amendments

can be implemented.

According to Prasetyoningsih (2020), the actual amendments should be seen from

the three sections, meaning: 1. Change the constitution with careful consideration, not

carelessness and conscience (hope); 2. Give people the opportunity to express their

opinions before the change; 3. Guarantee the rights of people or minorities. According to

Ibrahim (2020) restriction of the constitutional amendment, power is a logical result of

the unconstitutional doctrine of constitutional amendments. The power to restrict

constitutional amendments means that the power to change the constitution is unlimited.

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While according to Jon Elster in Alfianus Danny Jema, Harly Stanly Muaja (2020)

constitutional changes usually occur due to motivating factors such as economic and

social crises, revolutions, the fall of certain regimes, fears of the fall of certain regimes,

the defeat of wars, reconstruction after the war, the formation of a new state, and

independence from colonial invaders. While Moh. Mahfud MD (2012) argued that to

change the constitution, the technical problems of the procedure must be resolved first.

These procedural errors relate to who will make substantive changes and the scope of the

changes. Thus according to the author of the constitutional amendment can be done, but

in the condition of the COVID 19 pandemic, the government should focus more on

handling COVID 19, so that the handling carried out by the government and society can

be carried out.

Two-Term Presidential Restrictions

The purpose of limiting the presidential term is to prevent the position of power

from continuing to dominate. This is considered the basis for the abuse of power and

authority. Therefore, Article 7 of the Constitution was amended in the First Amendment

of 1945. It was initially said that "the president and vice president served for five years,

and then they could be re-elected." The article said that "the president and vice president

served for five years. From then on, he can be re-elected to the same post, but only for

one term." It became clearer and more limited, that is, he could only serve two different

terms.

According to Sri Soemantri (2015) that the establishment of the power of the

President and Vice President at the time of the Amendment of the Constitution of the

Republic of Indonesia in 1945 is one of the main agendas. Article 7 of the 1945

Constitution is the first revision process of the 1945 Constitution. This is because the

rules contained in Article 7 of the 1945 Constitution are considered too flexible to explain

(Latansa, 2019). It can be seen from the six terms from serving as president until Suharto

leadership will not be repeated. After the amendment, restrictions on the president's term

could prevent authoritarian rule.

The main purpose of the amendment is to verify and maintain balance in every

government agency. However, there are still loopholes to be explained in the expression

of this article in another sense. For example, the term limits of the president and vice

president do not apply continuously or intermittently, and the person in question is

already in office. Both terms will no longer be able to occupy the same position during

their lifetime.

Three-Term President's Pulse

As the author explained above, amendments to the 1945 Constitution have

undergone many revisions from 1999 to 2002, although it has changed, the insistence and

idea of further amendments related to article 7 continue to emerge, especially from

JokPro groups and political parties supporting the Indonesian government, which want

the presidency to be three terms. These proposals, ideas, and insistences raise pros and

cons among academics, political parties, researchers, students, and the public.

According to Jimly Asshiddiqie in AAmaral (2013), The first amendment of the

1945 Constitution was passed in the General Assembly of the MPR-RI which resulted in

the ratification of the first amendment text so that it became a historical flaw due to the

successful amendment of the 1945 Constitution despite being confronted with

conservatives at the time with the desire that the 1945 Constitution not be changed and

must be maintained. Amendments to the 1945 Constitution underwent the first

amendment, one of which was article 7 which limited the presidential term to two terms.

Dony Yusra Pebrianto, Sabri Yanto, Yanita Kusuma

Pulse of Amendment of Article 7 of the 1945 Constitution during the Covid-19

Pandemic in Indonesia 1362

The change in the term of the President and Vice President of Indonesia, from the

unlimited to the limited, is the realization of the ideals of the Indonesian people to uphold

democracy that adheres to the presidential system of government. But during the COVID-

19 pandemic, there was a discourse on amendments to article 7 of the 1945 Constitution

regarding the tenure of the President and Vice President of Indonesia, from the unlimited

to the limited, is an embodiment of the ideals of the Indonesian people to uphold

democracy (Nurjamila Siregar, 2019). Therefore the President and vice president-elect,

Joko Widodo and Ma'ruf Amin, remain in office until 2024 and their term is not over.

Thus, the positions of president and vice president are valid for two terms.

Based on a survey from Research and Consulting (SMRC) some Indonesians

rejected the discourse of a three-term term, as well as the results of a survey conducted by

the Center for Strategic Actions of Indonesia (CISA) Survey Institute seen from 58.25

percent of respondents who expressed disapproval of the increase in the presidential term

to 3 (three) times the survey period, while the Political Chart showed 61.3 percent of the

public disagreed with the discourse of the three-term President, As in the picture below.

Figure 1

Figure 2

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Figure 3

From the picture, it is clear that the discourse of the amendment of the three-term

presidential term of the president some Indonesians do not agree or reject, it becomes

interesting for the author to be further examined constitutionally with the desire to amend

the change of the presidential and vice-presidential terms that were two periods to three

periods during the COVID 19 pandemic constitutionally lead to national development in

the future.

CONCLUSION

Based on the above discussion research, the author concluded that the discourse of

amendments to article 7 of the 1945 Constitution can be amended under article 37 which

reads "To change the articles of the Basic Law, the People's Consultative Assembly

Session is attended by at least 2/3 of the number of members of the People's Consultative

Assembly".

But on the other hand, the amendments proposed by JokPro groups and political

parties supporting the government, should not be rushed or hasty to propose a three-term

presidential term. This greatly affects the community when facing the COVID 19

pandemic, as well as the term of the president and vice president, which has not ended his

term.

It is better to participate with the government and the community, prevent and deal

with the COVID 19 pandemic for public safety and health, so that the realization of a

previously abnormal society becomes normal again, as the ideals of the peaceful and

prosperous Indonesian people.

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