Kelemahan Fundamental UUD 1945: Pra dan Pasca Amandemen

Susi Dwi Harijanti

Unisia
No. 49: Tahun XXVI Triwulan III 2003

The downfall of the New Order government in 1998 marked the 'democratic rebirth', which was conducted through a series of constitutional amendments, starting from 1999 until 2002. The radical changes, indeed, is being made. However, constitutional amendments contain many shortcomings as whole amendments took place in the 'state in transition'. One consequences of this is that amendments seem to be more spontaneously adapting to realities. This in turn creates lack of conceptual basis, illcohesiveness and poor drafting. All these fundamental defects undoubtedly will affect democratisation  process. This Article aims to examine the fundamental problems of the 1945 Constitution in the period of pre and after the amendments.