Indonesian Constitutional System Post-Amendment of the 1945 Constitution

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Medan, North Sumatra— From Centralized Power to a More Balanced System. The research conducted by Ervina Sari Sipahutar together with Muthia Syafa Ramdhani Lubis, Zahwa Soraya, Marsya Oktaviani Harahap, Sifa Maulida Bangun, and Niha Sry Asyh Gultom from Universitas Al-Azhar Medan was published in the Contemporary Journal of Applied Sciences (CJAS), Volume 4, Issue 2, February 2026.

The study examines how the 1999–2002 constitutional amendments strengthened democracy, limited presidential power, and established a more balanced system of checks and balances within Indonesia’s constitutional framework.

Fundamental Changes Highlighted by the Researchers

The study applied a qualitative method using a library research approach. The authors reviewed academic literature, journal articles, and constitutional studies to assess how the amendments transformed Indonesia’s governance system.

Key reforms identified in the study include:

1. The MPR No Longer the Highest State Institution

The MPR’s position was equalized with other state institutions. This ended the hierarchical structure that previously placed it above all other branches of government.

2. Strengthening of the DPR

The Dewan Perwakilan Rakyat (DPR) gained stronger authority in legislation, budgeting, and oversight. The president can no longer exercise dominant lawmaking power without parliamentary approval.

3. Presidential Term Limits

The president is now limited to a maximum of two terms, preventing long-term concentration of executive power.

4. Direct Presidential Elections

The president and vice president are elected directly by the people, increasing political legitimacy and public accountability.

5. Establishment of the Constitutional Court

The Mahkamah Konstitusi was created with the authority to review laws against the Constitution, resolve disputes between state institutions, and adjudicate election disputes.

6. Formation of the DPD

The Dewan Perwakilan Daerah (DPD) was established to strengthen regional representation within the national system.

According to the authors, the Constitutional Court represents a milestone in enforcing constitutional supremacy and preventing abuse of power by both executive and legislative branches.

Executive–Legislative–Judicial Relations

The study also examines the transformation in relations among the executive, legislative, and judicial branches. After the amendments, the relationship between the president, the DPR, and judicial institutions was redesigned within a checks-and-balances framework.

The president remains head of government but no longer holds absolute authority in lawmaking. Cooperation with the DPR is constitutionally required. Meanwhile, the DPR exercises political oversight through interpellation rights, inquiry rights, and the right to express opinions.

The Constitutional Court strengthens the judiciary by reviewing legislation and safeguarding constitutional compliance. This mechanism provides corrective space if statutory laws contradict constitutional principles.

However, the researchers note that in practice, these institutional relationships are still influenced by political configurations and elite interests. While the constitutional framework has changed normatively, implementation does not always fully reflect reform ideals.

Post-Amendment Challenges

More than two decades after the constitutional reforms, several challenges persist. The study identifies major concerns, including:

  • Overlapping authority among state institutions
  • Limited legislative power of the DPD
  • Coalition politics affecting the DPR’s oversight effectiveness
  • Oligarchic influence and money politics within an open democratic system

Constitutional legitimacy also remains an issue. The amendment process, though conducted by the MPR, involved limited direct public participation. As a result, gaps remain between constitutional norms and public understanding.

The research team from Universitas Al-Azhar Medan stresses that textual reform alone is insufficient. Strong political culture, institutional integrity, and civic constitutional education are essential to ensuring democratic consolidation.

Implications for Policy and Education

The findings carry broad implications for policymakers, academics, and the public.

For government and parliament, the study serves as a reminder that constitutional design must be supported by ethical political practice.

For educational institutions, the research enriches scholarship in Indonesian constitutional law and provides a reference point for understanding the evolution of Indonesia’s presidential system.

For citizens, understanding constitutional reform enhances awareness of rights and responsibilities within a democratic framework.

Ervina Sari Sipahutar and her colleagues conclude that Indonesia’s post-amendment constitutional system represents a long-term evolutionary process. The reforms laid the groundwork for a more transparent and accountable government, but institutional strengthening and political ethics remain ongoing priorities.

Author Profile

  • Ervina Sari Sipahutar-  Universitas Al-Azhar Medan
  • Muthia Syafa Ramdhani Lubis- Universitas Al-Azhar Medan
  •  Zahwa Soraya- Universitas Al-Azhar Medan
  •  Marsya Oktaviani Harahap- Universitas Al-Azhar Medan
  •  Sifa Maulida Bangun- Universitas Al-Azhar Medan
  • Niha Sry Asyh Gultom- Universitas Al-Azhar Medan

Research Source

Sipahutar, E. S., Lubis, M. S. R., Soraya, Z., Harahap, M. O., Bangun, S. M., & Gultom, N. S. A. (2026). Indonesian Constitutional System Post-Amendment of the 1945 Constitution. Contemporary Journal of Applied Sciences (CJAS), Vol. 4 No. 2, 95–102.

DOI: https://doi.org/10.55927/cjas.v4i2.129
URL:
https://ntlformosapublisher.org/index.php/cjas


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