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Constitution and human rights provisions in Indonesia: an unfinished task in the transtitional process

dc.contributor.authorSusanti, Bivitri
dc.description.abstractIndonesia is now facing the important moment of constructing a new foundation in a transitional period. After the fall of the New Order regime, there have been efforts in bringing Indonesia through the period of transition to democracy. One of the efforts is to reform the 1945 Constitution. Until now, the Peoples Consultative Assembly (Majelis Permusyawaratan Rakyat, MPR) has promulgated three amendments consisting of 103 new/amended provisions. From the fact that there are three amendments, one may form the opinion that the reform started in 1998 has been going well in terms of constitutional reform. There are, however, certain issues beyond the quantity of the articles and the legality of the process. Can the amended articles meet the need of democratisation? What are the implications of the inserted new articles to human rights and the political system? Has civil society genuinely participated in the process? Having reviewed the way in which the MPR performed the process, does the MPR have full legitimacy to reform the constitution? I will address the issues while referring to human rights provisions in the constitution. In addition, because I am here in my capacity as an NGO personnel who has been involved closely with the civil society movement advocating a New Constitution through Constitution Commission, I will also particularly elaborate that issue in outlining the present state of constitutional debate in Indonesia. It is that capacity too, that places me in the position of merely describing what is happening in Indonesia, and not analysing it from the theoretical point of view.
dc.description.sponsorshipThis conference was supported by the generosity of the Japan Foundation Asia Centre, AusAID, the Daiwa Foundation for Asia and Oceania, the Myer Foundation and The Australian National University's National Institute for Asia and the Pacific and the Humanities Research Centre.
dc.format.extent1 vol.
dc.publisherResearch School of Pacific and Asian Studies, Division of Pacific and Asia History, The Australian National University.
dc.relation.ispartofConstitutions and Human Rights in a Global Age: an Asia Pacific perspective Symposium (2001 : The Australian National University, Canberra, ACT)
dc.rights(C) Division of Pacific and Asia History, RSPAS, ANU 2003. This work is copyright. Apart from any fair dealing for the purpose of private study, research, criticism, or review, as permitted under the Copyright Act 1968 as amended, no part may be reproduced by any process without written permission.
dc.subjectpolitical system
dc.subjectconstitutional reform
dc.subjecthuman rights
dc.subjectcivil society movement
dc.titleConstitution and human rights provisions in Indonesia: an unfinished task in the transtitional process
dc.typeConference paper
local.type.statusPublished Version
dcterms.accessRightsOpen Access
dc.provenancePacific Institute Digitisation Project
CollectionsConstitutions and Human Rights in a Global Age Symposium : An Asia-Pacific Perspective (2001)


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