"Constitutional amendment within our constitutional system is permitted by article 37 of the 1945 Constitution, but does our country, currently in a state of emergency, urgently need a constitutional amendment?" Zoelva questioned the urgency for an amendment during the COVID-19 pandemic during an online discussion broadcast on Tuesday.
Zoelva explained that if the constitutional amendment would modify or extend the presidential term limit, then the COVID-19 pandemic could not justify the proposal since the pandemic is not an emergency situation enabling extension to the presidential term limit.
"In law theory, the definition of an 'emergency situation' is when a country is unable to perform any state activities and is on the brink of being a failed state," he noted.
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Zoelva stated that the COVID-19 pandemic does not qualify as an emergency situation necessitating a swift amendment process, not even justifying the proposal to extend the presidential term limit and delay general elections.
"If the election delay or term limit extension occurred, then it would disrupt our state administration and is harmful to our country," Zoelva, who served as the chief justice of the Constitutional Court from 2013 to 2015, stated.
Zoelva asserted that the People's Consultative Assembly (MPR RI) can amend the Constitution to modify term limits or to delay general elections only when the country is in a state of war and holding safe elections at the time was impossible.
"If a legitimate emergency occurs, the parliament could then do anything to ensure the continuity of the country and to save the people," he pointed out.
Zoelva added if the MPR RI decided to push back the date of the general elections, then paragraph 7 and 8 of the Article 22E (1) of the Constitution should be amended, while emphasizing that the COVID-19 pandemic did not qualify as an emergency, thereby allowing for a term limit extension.
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Translator: D Kliwantoro, Nabil Ihsan
Editor: Suharto
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