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Original Research

LEGAL ANALYSIS OF THE LENGTHENING OF THE PERIOD OF GOVERNMENT OF THE PRESIDENT OF THE REPUBLIC OF INDONESIA

RIFKY EFFENDI HARDIJANTO 1, and WIWIK SRI WIDIARTY 2.

Vol 18, No 01 ( 2023 )   |  DOI: 10.17605/OSF.IO/8YFX4   |   Author Affiliation: Universitas Kristen Indonesia 1,2.   |   Licensing: CC 4.0   |   Pg no: 1086-1092   |   Published on: 19-01-2023

Abstract

The emergence of the issue of the Fifth Amendment, especially the proposal for a presidential term of 3 periods, has returned to being 'busy' on the stage of discourse in the public sphere today, making it interesting to examine. This research relies on doctrinal legal research with a study of legal materials and literature as the primary data, while its approach is oriented towards statutory, historical and comparative approaches. This research shows that the Fifth Amendment to the 1945 Constitution can be carried out through constitutional conventions, moreover by taking into account the current legal political configuration. The political map dominated by PDIP and the coalition is certainly an attempt to smooth over the changes to Article 7 of the 1945 Constitution, from which previously the term of office of the president was limited to only 2 periods, and then changed to 3 periods referring to the conditions specified in Article 37 of the 1945 Constitution. Of course, the fifth amendments need to be reviewed from all aspects, especially the spirit of reform and the goals of the state as emphasized in the Preamble of the 1945 Constitution.


Keywords

Legal Analysis, The Lengthening the period of Governing, The President of The Republic Indonesia.