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6 Sing. J. Int'l & Comp. L. 116 (2002)
The Indonesian Constitutional Transition: Conservatism or Fundamental Change

handle is hein.journals/singa6 and id is 122 raw text is: Singapore Journal of International & Comparative Law (2002) 6 pp 116 - 153 The Indonesian Constitutional Transition: Conservatism or Fundamental Change? Andrew Ellis* I. INTRODUCTION THIS paper describes and analyses the constitutional amendment debate that has taken place in Indonesia since the fall of Soeharto in 1998. In doing so, it goes back to the roots of the Indonesian Constitution, first enacted in 1945, and traces the genesis and development of issues both of substantive and of symbolic importance that have influenced the recent debates. It tracks in particular the major elements of discussion and disagreement over the three years of the constitutional review begun in 1999 and looks in particular at the sessions of the People's Consultative Assembly (Majelis Perwakilan Rakyat or MPR) which have undertaken the task of enacting the amendments. While this paper was finalised immediately before the 2002 MPR Annual Session and therefore does not contain the final stages of the story, it concludes that the constitutional review, despite criticisms levelled at it, is likely to bring fundamental change to the way the institutions of Indonesia operate. II. THE 1945 CONSTITUTION OF INDONESIA The 1945 Constitution of Indonesia is a short document containing only 37 articles. It was written and reviewed during July and August 1945 by the Committee for Examination of Indonesian Independence (Badan Penyelidik Usaha-usaha Persiapan Kemerdekaan Indonesia or BPUPKI) and the Preparatory Committee for Indonesian Independence (Panitia Persiapan Kemerdekaaan Indonesia or PPKI) and is described in its concluding Additional Provisions as being a temporary document. Much of the inspiration of its major authors related to the nationalist perspective of Indonesian independence; no other nation seeking to establish democracy has since adopted the same pattern of state institutions. In addition, this pattern of state institutions was substituted in practice within three months of its promulgation. Yet the 1945 Constitution is a document with strong emotional and enduring * Senior Adviser, National Democratic Institute, Jakarta; Consultant, GJW Europe - Weber Shandwick Worldwide, London.

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