Politics of the 1945 Constitution:Democratization and Its Impact on Political Institutions in Indonesia

Introduction : Before 1998, no one could think about the amendment of the 1945 Constitution. The 1945 Constitution was a product of nationalist who had hard fought for independence from the Dutch colonization. This historical background made it the symbol of independence of the Indonesian nation. Thus, it has been considered as forbidden to touch contents of the 1945 Constitution whereas political leaders have legitimized their authoritarian rulership by utilizing a symbolic character of the Constitution. With the largest political turmoil since its independence, that is, a breakdown of authoritarian regime and democratic transformation in 1998-1999, however, a myth of the "sacred and inviolable" constitution has disappeared. A new theme has then aroused: how can the 1945 Constitution be adapted for a new democratic regime in Indonesia? 　　　The Indonesian modern state has applied the 1945 Constitution as the basic law since its independence in 1945, except for around 10 years in the 1950s. In the period of independence struggle, contrary to the constitutional provision that a kind of presidential system is employed, a cabinet responsible for the Central National Committee was installed. Politics under this institution was in practice a parliamentary system of government. After the Dutch transferred sovereignty to Indonesia in 1949, West European constitutionalism and party politics under a parliamentary system was fully adopted with the introduction of two new constitutions: the 1949 Constitution of Federal Republic of Indonesia and the 1950 Provisional Constitution of Republic of Indonesia. Since a return from the 1950 Constitution to the 1945 Constitution was decided with the Presidential Decree in 1959, the 1945 Constitution had supported two authoritarian regimes of Soekarno's "Guided Democracy" and Soeharto's "New Order" as a legal base. When the 32-year Soeharto's government fell down and democratization started in 1998, the 1945 Constitution was not replaced with a new one, as seen in many other democratizing countries, but successively reformed to adapt itself to a new democratic regime. In the result of four constitutional amendments in 1999-2002, political institutions in Indonesia are experiencing a transformation from an authoritative structure, in which the executive branch monopolized power along with incompetent legislative and judicial branches, to a modern democratic structure, in which the legislative branch can maintain predominance over the executive. However, as observed that President Abdurrahman Wahid, the first president ever elected democratically in Indonesian history, was impeached after one and a half years in office, democratic politics under a new political institution has never been stable. 　　　Under the 1945 Constitution, how did authoritarian regimes maintain stability? Why can a democratic regime not achieve its stability? What did the two constitutional amendments in the process of democratization change? In the first place, how did the political institutions stipulated by the 1945 Constitution come out? Through answering the above questions, this chapter intends to survey the historical continuity and change of political institutions in Indonesia along with the 1945 Constitutions and to analyze impact of regime transformation on political institutions. First, we examine political institutions stipulated by the original 1945 Constitution as well as historical and philosophical origins of the constitution. Second, we search constitutional foundations in the 1945 Constitution that made it possible for Soekarno and Soeharto to establish and maintain authoritarian regimes. Third, we examine contents of constitutional amendments in the process of democratization since 1998. Fourth, we analyze new political dynamics caused by constitutional changes, looking at the impeachment process of President Abdurrahman Wahid. Finally, we consider tasks faced by Indonesia that seeks to establish a stable democracy.

The Battle of the Bulge: The Surprising Last Stand Against State Marijuana Legalization

Although marijuana possession remains a federal crime, twenty-three states now allow use of marijuana for medical purposes and four states have adopted tax-and-regulate policies permitting use and possession by those twenty-one and over. In this article, I examine recent developments regarding marijuana regulation. I show that the Obama administration, after initially sending mixed signals, has taken several steps indicating an increasingly accepting position toward marijuana law reform in states; however the current situation regarding the dual legal status of marijuana is at best an unstable equilibrium. I also focus on what might be deemed the last stand of marijuana-legalization opponents, in the form of lawsuits filed by several states, sheriffs, and private plaintiffs challenging marijuana reform in Colorado (and by extension elsewhere). This analysis offers insights for federalism scholars regarding the speed with which marijuana law reform has occurred, the positions taken by various state and federal actors, and possible collaborative federalism solutions to the current state-federal standoff.

Battle of Prestonpans, Highlands of Scotland, United Kingdom, 1745 (Raster Image)

This layer is a georeferenced raster image of the historic paper map entitled: An exact plan of His Majesty's great roads through the Highlands of Scotland, And. Rutherfurd delin. ; C. Mosley sculp. It was published in 1745. Scale [ca. 1:300,000].The image inside the map neatline is georeferenced to the surface of the earth and fit to the Europe Lambert Conformal Conic coordinate system. All map collar and inset information is also available as part of the raster image, including any inset maps, profiles, statistical tables, directories, text, illustrations, index maps, legends, or other information associated with the principal map. This map shows features such as drainage, cities and other human settlements, roads, selected buildings, shoreline features, fortification, troop dispositions of Jacobite and the Royal Government's troops for the Battle of Prestonpans, 1745, and more. Relief shown pictorially. Includes inset: Plan of the Battle of Preston fought 21 Sept. 1745. The inset is oriented with south at the top and the entire inset map, including text, is at right angles to the main map.This layer is part of a selection of digitally scanned and georeferenced historic maps from the Harvard Map Collection. These maps typically portray both natural and manmade features. The selection represents a range of originators, ground condition dates, scales, and map purposes.

Battle of Cold Harbor, Virginia and vicinity, 1864 (Raster Image)

This layer is a georeferenced raster image of the untitled historic paper manuscript map: [Map of the Battle of Cold Harbor, Virginia and vicinity]. Scale not given. Covers a portion of Hanover County, Virginia, showing features in the region surrounding the Cold Harbor Battlefield, Virginia, 1864. The image inside the map neatline is georeferenced to the surface of the earth and fit to the Virginia State Plane South Coordinate System (in Meters) (Fipszone 4502). All map collar and inset information is also available as part of the raster image, including any inset maps, profiles, statistical tables, directories, text, illustrations, or other information associated with the principal map. This map shows features such as roads, towns and villages, drainage, dwellings with names of inhabitants, troop locations with dates, and more. This layer is part of a selection of digitally scanned and georeferenced historic maps of the Civil War from the Harvard Map Collection. Many items from this selection are from a collection of maps deposited by the Military Order of the Loyal Legion of the United States Commandery of the State of Massachusetts (MOLLUS) in the Harvard Map Collection in 1938. These maps typically portray both natural and manmade features, in particular showing places of military importance. The selection represents a range of regions, originators, ground condition dates, scales, and purposes.

Battle of Corinth, Mississippi and vicinity, 1862 (Raster Image)

This layer is a georeferenced raster image of the historic paper map: Map of the country between Monterey, Tenn. & Corinth, Miss. : showing the lines of entrenchments made & the routes followed by the U.S. forces under the command of Maj. Genl. Halleck, U.S. Army, in their advance upon Corinth in May 1862, surveyed under the direction of Col. Geo. Thom, A.D.C. & Chief of Topl. Engrs., Dept. of the Mississippi ; by Lieuts. Fred. Schraag and C.L. Spangenberg, Asst. Topl. Engrs. ; drawn by Lieut. Otto H. Matz, Asst. Topl. Engr. It was printed by Lith. of J. Bien, 1862. Scale [1:31,680]. Covers Corinth, Mississippi region including portions of Alcorn County, Mississippi and McNairy County, Tennessee. The image inside the map neatline is georeferenced to the surface of the earth and fit to the Universal Transverse Mercator projection (WGS 1984 UTM Zone 16N). All map collar and inset information is also available as part of the raster image, including any inset maps, profiles, statistical tables, directories, text, illustrations, or other information associated with the principal map. This map shows features such as houses, names of residents, fences, roads, railroads, vegetation, fields, drainage, Union and Confederate entrenchments, and more. Relief shown by hachures. This layer is part of a selection of digitally scanned and georeferenced historic maps of the Civil War from the Harvard Map Collection. Many items from this selection are from a collection of maps deposited by the Military Order of the Loyal Legion of the United States Commandery of the State of Massachusetts (MOLLUS) in the Harvard Map Collection in 1938. These maps typically portray both natural and manmade features, in particular showing places of military importance. The selection represents a range of regions, originators, ground condition dates, scales, and purposes.

Battle of Quebec, Canada, 1759 (Raster Image)

This layer is a georeferenced raster image of the historic paper map entitled: Plan of the military & naval operation under the command of the immortal Wolfe, & vice admiral Saunders, before Quebec, J. Wyld, Sculp. ; Alfred Hawkins. It was published by Jas. Wyld, May 1, 1841. Scale [ca. 1:23,700]. The image inside the map neatline is georeferenced to the surface of the earth and fit to the Universal Transverse Mercator (UTM) Zone 19N NAD 1983 coordinate system. All map collar and inset information is also available as part of the raster image, including any inset maps, profiles, statistical tables, directories, text, illustrations, index maps, legends, or other information associated with the principal map. This map shows features such as roads, drainage, built-up areas and selected buildings, fortifications, troop and ship dispositions and places of military interest for the Battle of Quebec, 1759, and more. Relief is shown by hachures. Includes indexes, notes, tables, views, and inset: Detail of the action fought on the plains of Abraham Septr. 13th. 1759. This layer is part of a selection of digitally scanned and georeferenced historic maps from The Harvard Map Collection as part of the Imaging the Urban Environment project. Maps selected for this project represent major urban areas and cities of the world, at various time periods. These maps typically portray both natural and manmade features at a large scale. The selection represents a range of regions, originators, ground condition dates, scales, and purposes.