Abstrak 
Budaya Konstitusi (Constitutional Culture) Dalam UUD 1945 Perubahan Dikaitkan Dengan Gagasan Perubahan Kelima UUD 1945
Indra Perwira, Susi Dwi Harijanti, Bilal Dewansyah
Universitas Padjadjaran, Jurnal KonstitusiVol. ll, No. 1, November 2010
Bahasa Indonesia, Bahasa Inggris
Universitas Padjadjaran, Jurnal KonstitusiVol. ll, No. 1, November 2010
Amended 1945 Constitution., constitutional culture
The background of this research relates to a number of constitutional problems resulted from the previous constitutional amendments occurred in 1999-2002 by which encouraging many parties to conduct further amendment. Tlw purposes of this research are to explore constitutional culture of the Amended 1945 Constitution and to analyze the relation between such cultures with the possibility to conduct the fifth amendment. This research uses juridical and normative as well as juridical historic approaches. Data of this research has been obtained through library research and online research in order to collect primary, secondary as well as tertiary legal resources. These data have been analyzed qualitatively. The study provides a number of conclusions. Firstly, constitutional culture of the Amended 1945 Constitution has been reactive in nature which reflecting through process of the constitutional amendment. During the process, there were tendencies to amend almost all constitutional subject matters using system of addendum, which mostly appropriate for partial constitutional amendments. As a result, this process of constitutional amendments have been carried with the absent of comprehensive grand design, the minimal of substantive public participation and the overlapping of many articles of the Constitution, particularly in matters of governmental and representative systems. Apart from the reactive cultures, this study has found positive cultures reflecting in the inclusion of a number of important constitutional articles, including the explicit constitutional supremacy, the more comprehensive human rights protection, the improvement of decentralization system through a wider autonomy, and the explicit principles of judicial independence and judicial review. Secondly, the idea of a proposed fifth amendment was a direct response over a reactive constitutional culture resulted from the first until the fourth amendments. Most critics directed to a number of weaknesses during the process of amendment, particularly in relation to the closed debates regarding the drafts of the amendments articles. Initially, the proposal for the need to conduct the fifth amendment was partial in nature as this proposal appeared from the DPD’s initiative in which it proposed amendment of a number articles on powers of the DPD. At the end, however, the DPD’s proposal has been expanded by academics having intention to make a new constitution based on a more comprehensive proposal. This study recommends that the proposed fifth amendment should be carried out prudently which will be based on a more comprehensive constitutional design. Furthermore, the process of amendment should involve in wider public participation avoiding closed debates by the elites.