Kanun: Jurnal Ilmu Hukum
Vol 26, No 3: December 2024: Law and Justice in Digital Age

PUBLIC PARTICIPATION IN CONSTITUTIONAL AMENDMENTS: A COMPARATIVE ANALYSIS OF INDONESIA AND THAILAND

Masykuri, Masykuri (Unknown)
Rustan, Ahmad (Unknown)
Ichlas, Rudy Iskandar (Unknown)
Umar, Wahyudi (Unknown)



Article Info

Publish Date
31 Dec 2024

Abstract

The idea of revising the 1945 Constitution is likely to spark debate. Nevertheless, Article 37 of the 1945 Constitution has provided a mechanism for amendment, rather than replacement, of the constitution. The amendments to the 1945 Constitution are now mandatory, as previously decreed by the MPR leadership, which will be continued by the current leadership. This paper examines the role of public participation in the amendment of constitutions in Indonesia and Thailand. The study employs a normative legal research approach, utilizing statutes, conceptual frameworks, and comparative analyses. Data was collected from books, academic journals, relevant laws, and regulations. The results indicate that the forms of public participation in Indonesia and Thailand in the constitution-making and amendment processes are largely similar, including public hearings, working visits, socialization, seminars, workshops, and discussions. However, a notable difference exists in that Indonesia lacks explicit provisions for public participation in its constitutional amendment process, whereas Thailand has established clear regulations. It is recommended that Indonesia clearly regulate public participation as a procedure in its constitution-making and amendment processes.

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Journal Info

Abbrev

kanun

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

anun: Jurnal Ilmu Hukum (KJIH), the Indonesian Journal of Autonomy Law, is an international journal dedicated to the study of autonomy law within the framework of national and international legal systems. Published thrice annually (April, August, December), KJIH provides valuable insights for ...