Constitution

Fajar Nugraha, M.I.Kom

Constitution Concept

The concept of the constitution comes from the French

"constituer". Meaning: for the formation of a state or
compiling and declaring a state
Constitution: the initial (basic) regulations regarding the
formation of the state
Constitution is defined as basic law
Constitution Concept

Constitution according to K.C. Wheare: the entire

constitutional system of a country, in the form of a collection
of rules that form, regulate, or govern in the government of a
country
The constitution includes written and unwritten constitutions,
the Constitution is a written constitution.
The term UUD is a translation of the Dutch term "Gronwet".
Grond: ground/ground, wet: law.
 J. G. Steenbeek, in general a constitution
contains three points:
There is a guarantee of the human rights of
its citizens
The existence of a constitutional structure
of a country that is fundamental
Constitutional the division and limitation of constitutional
Substance duties

Mirian Budiardjo, every constitution contains

provisions regarding:
State organization.
Human rights.
Procedure to amend the Constitution.
Sometimes it contains a prohibition to
change the nature of the Constitution
 A set of rules that provide limits on
power to the ruler

Constitution A document about the division of tasks

(lab.pancasila.um.ac.id)

A description of state institutions

A description of the protection of human

rights
 Occupies a very important position in the
constitutional life of a country, namely:
As the Basic Law, because it contains the
rules and provisions about things that are
fundamental in the life of a country;
Constitutional As the Supreme Law, the constitution is
Position usually given the position as the highest law
in the legal system so that the rules
contained in the constitution hierarchically
have a higher/superior position to other
rules.
Function of the State Constitution

The function of determining or limiting power.

The function of regulating power relations between state
organizations.
The function of regulating power relations between state
organizations and citizens.
The function of the giver or source of legitimacy to state power or
activities in the administration of state power.
The function of channeling or transferring authority from a
legitimate source of power to state organizations
The symbolic function is the symbol of unity, identity of
nation and center of ceremony
Function as social control, n a narrow sense, namely the
political field and in a broad sense it includes the socio-
economic field
Function as social engineering or social reform
 To provide limits and control
over power
To free power from the absolute
Purpose of control of rulers, and to place for
the State those rulers the limits of their
Constitution power
Ensuring the fulfillment of the
basic rights of citizens
Indonesian Constitution
The Indonesian constitution is the 1945
Constitution which was first ratified by
PPKI on 18 August 1945
In the arrangement of state laws and
regulations, the 1945 Constitution
occupies the highest level. According to
the level of legal norms, the 1945
Constitution is a group of
Staatsgrundgesetz or Basic Rules/State
Principles which are under Pancasila as
Grundnorm or Basic Norms.
 Constitutional Amandments
Changes made are an addendum or insertion
of the original constitution, the original
constitution remains in effect. This system of
change is adopted by the United States
Constitutional
Change Constitutional Reform
The changes made are "new" as a whole,
what applies is the new constitution, which
has nothing to do with the old constitution.
This system is used in the Netherlands,
France, Germany
Amandement to the UUD 1945
Philosophically, the Constitution as the foundation of state life
must always adapt to developments that occur in society.
Amendments to the UUD 1945 are intended to amend and renew
the Indonesian constitution to conform to the principles of a
democratic state
The existence of changes to the UUD 1945, is expected to be
better and more complete in accordance with the demands of
development
Amendment to the UUD 1945 uses an addendum system.
 Amendment I
1999 General Assembly of the People's Consultative Assembly,
ratified October 19, 1999. There are 9 articles that were
amended

Amendment II
MPR Annual Session, ratified August 18, 2000. There are

Amendment 5 chapters and 25 articles that were amended

UUD 1945 Amendment III

MPR Annual Session, ratified November 10, 2001.
There are 23 articles that were amended

Amendement IV
MPR Annual Session, ratified August 10, 2002. There are
12 articles that were amended as well as 3 articles of
transitional rules and 2 articles of additional regulations
 Guardian of the 1945 Constitution
To maintain the purity of the UUD 1945, the Constitutional Court was formed

Duties of the Constitutional Court of the Republic of Indonesia

Testing the Law against the Constitution

Deciding on authority disputes between state institutions

Deciding on the dissolution of political parties

Deciding on election results disputes

Decide on the opinion of the DPR in the Impeachment process of the

President and/or Vice President

Deciding on Regional Head Election disputes

The constitution that has ever been in force in
Indonesia
The period of 18 August 1945 - 27 December 1945, the 1945 Constitution
applies. The 1945 Constitution consists of the preamble, the body (16
chapters), 37 articles, 4 articles of Transitional Rules, 2 paragraphs of
Additional Rules, and the Explanation section.
The period of 27 December 1949 – 17 August 1950 applies the 1949
Constitution (the RIS Constitution). The RIS Constitution consists of 6
chapters, 197 articles, and several parts
The period from August 17, 1950 – July 5, 1959, the 1950 Constitution was
enacted, which consisted of 6 chapters, 146 articles, and several parts
Period 5 July 1959 - Now, the 1945 Constitution is back in effect
Open The UUD 1945
BAB I Bentuk dan Kedaulatan
BAB II Majelis Permusyawaratan Rakyat
BAB III Kekuasaan Pemerintah Daerah
BAB IV Dewan Pertimbangan Agung
BAB V Kementrian Negara
BAB VI Pemerintahan Daerah
BAB VII Dewan Perwakilan Rakyat
BAB VIIA Dewan Perwakilan Daerah
BAB VIIB Pemilihan Umum
BAB VIII Hal Keuangan
BAB IX Kekuasaan Kehakiman
BAB IXA Wilayah Negara
BAB X Warga Negara dan Penduduk
BAB XA Hak Asasi Manusia
BAB XI Agama
BAB XII Pertahanan dan Keamanan Negara
BAB XIII Pendidikan dan Kebudayaan
BAB XIV Perekonomian nasional dan
kesejahteraan sosial
BAB XV Bendera, Bahasa, dan Lambang Negara,
serta Lagu Kebangsaan
BAB XVI Perubahan Undang-Undang Dasar
THANK YOU