Constitution
Definition of the Constitution.
Lord James Bryce:
“... a constitution as a frame of
political society, organized
through and by law, that is to say,
one which in law has stablished
permanent institutions with
recognized function and definite
rights
C.F. Strong:
“.... a constitution may be said to
be a collection of principles
according to which the power of
the government, the rights of
governed, and the relations
between the two are adjusted
 • The Constitution is the basic law
Conclusion used in the administration of a
country as a guide.
Constitutional Content Material
a. The State Organization.
b. Human Rights.
c. The procedure amends the Constitution.
d. There are times when it is prohibited to change the specific nature
of the Constitution.
e. The ideals and purpose of a nation.
What about the
Constitution of
Indonesia?
Has the Indonesian
constitution fulfilled the
constitution's content
material?
4 THE STATE ORGANIZATION : INSTITUTIONS IN THE STATE SYSTEM
ACCORDING TO THE CONSTITUTION OF THE REPUBLIC OF INDONESIA
I

1945.

UUD 1945

Presiden/
BPK Wakil DPR MPR DPD MA MK
Presiden
kpu bank
sentral
Kementerian
Negara badan-badan lain
yang fungsinya
KY
dewan berkaitan dengan
pertimbangan
kekuasaan
TNI/POLRI
kehakiman PUSAT

PERWAKILAN BPK PEMDA PROVINSI Lingkungan DAERAH

PROVINSI Peradilan
KPD DPRD Umum
Agama
PEMDA KAB/KOTA Militer
TUN
KPD DPRD

I
5 Lembaga-lembaga yang memegang kekuasaan menurut UUD
I

DPR MK MA
(House of PRESIDEN (Constitutional (Supreme court
Representatives) Court Of Indonesia) of Indonesia)

Pasal 24 (1)***
Article 20 (1)* Pasal 4 (1)
The judicial powers shall be
The President of the independent with the authority to
The DPR has the power Republic of Indonesia organize the judicature in order to
to enact laws. shall hold the power of uphold law and justice
government in accordance
(LEGISLATIVE) with the Constitution.
(JUDICIAL)
(EXECUTIVE)

I
30 HUMAN RIGHTS (ARTICLE 28A - J)
An individual is obliged to respect the
rights of the individual
and the other party and subject to the
limits of the Act.(Article l 28J) **
The right not to be prosecuted on the basis
of retroactive legislation.
The right to be free of discrimination.
(Article 28I) **
The right to a well-being life in the mind and
body, the right to receive health care. The right
to facilities and special treatment to get the
same opportunities and advantages to reach
equality and justice.(Article 28H) **
The right to the protection of
individuals, family, honor, dignity
and property, and the right to be
free from torture.( Article 28G) **
III
the right to life and the The right to establish a family and to generate
right to defend his life offspring through a lawful marriage.The child has
and existence the right to live, grow up, and develop, as well as
(Article 28A) ** the right to protection from violence or
discrimination.(Article 28B) **
The right to self-fulfillment by fulfilling its
basic needs, the right to education, and
participating in the benefits of science and
technology.(Article 28C) **
HUMAN
The right to equality before the law. The
RIGHTS right to work.
The right to equal opportunities in
government..(Article 28D) **
Right to freedom of religion, right to
believe in belief, right to choice of
citizenship, the right to choose the place to
live, freedom of assembly, freedom of
The right to communication
expression, and freedom to speak.(Article
and to acquiring information
28E) **
for his own and his social
environment's development.
(Article 28F) **
III
36 BAB PERUBAHAN UNDANG-UNDANG DASAR
III

(1) Proposals to amend articles of the

Constitution can be put on the agenda of the
MPR session if submitted by at least 1/3 of the
total number of members in the MPR. [ Article
Articles of
MPR 37 (1)****]
Amendment of
the
berwenang mengubah Each proposal to amend articles of the
dan menetapkan Constitution has to be submitted in writing and Constitution.
[Pasal 3 (1)***] to mention clearly which part should to be
amended and for what reason
[Article 37 (2)****]

To amend articles of the Constitution the MPR

session has to be attended by at least 2/3 of all
members of the MPR (Article 37 (3)****]

A decision to amend articles of the Constitution

requires the agreement of at least fifty percent
plus one vote of all the members of the MPR.
[Article 37 (4)****]

IV
There are times when it is prohibited to
change the specific nature of the Constitution

Especially those provisions regarding the form of the Unitary

State of the Republic of Indonesia may not be amended
(Article 37 (2) )
 2 I

The ideals and purpose of a nation.T

The Constitution of the Republic of Indonesia of 1945

(Preambule)

Whereas independence is a genuine right of all nations and any form of alien occupation should thus be erased
from the earth as not in conformity with humanity and justice,
Whereas the struggle of the Indonesian independence movement has reached the blissful point of leading the
Indonesian people safely and well before the monumental gate of an independent Indonesian State which shall be
free, united, sovereign, just and prosperous,
By the grace of God Almighty and urged by the lofty aspiration to exist as a free nation, Now therefore, the
people of Indonesia declare herewith their independence,
Pursuant to which, in order to form a Government of the State of Indonesia that shall protect the whole people
of Indonesia and the entire homeland of Indonesia, and in order to advance general prosperity, to develop the
nation's intellectual life, and to contribute to the implementation of a world order based on freedom, lasting peace
and social justice, Indonesia's National Independence shall be laid down in a Constitution of the State of Indonesia,
which is to be established as the State of the Republic of Indonesia with sovereignty of the people and based on the
belief in the One and Only God, on just and civilized humanity, on the unity of Indonesia and on democratic rule that
is guided by the strength of wisdom resulting from deliberation / representation, so as to realize social justice for all
the people of Indonesia.

I
The shape of the Constitution.

Written Constitution. Unwritten constitution.

• The basic written law is The basic law is not written in a
commonly known as the script, but it may be values and
Constitution. standards that live in state
organization practice.
The Constitution's purpose

1. It is limiting government power or

the state ruler.
2. To divide the state's power.
3. Providing citizens with human
rights guarantees
Indonesia's Constitution.

The
Constitution
of the
Republic of
Indonesia of
1945
The Indonesian
constitution's history.
State's basis during the 1st
session from 29 May to 1 June
1945. BPUPKI discussed the
Constitution Proposal at the
2nd session of 10 July 1945-
17 July 1945. On 18 August
1945, the PPKI passed the
1945 Constitution as the
Indonesian Constitution.
The Indonesian constitution's history.
1. UUD 1945 (August 18, 1945 - December 27, 1949)
2. Konstitusi Republik Indonesia Serikat (December 27, 1949 – August 17, 1950)
3. UUD Sementara RI (August 17, 1950- July 5, 1959)
4. UUD 1945 (orde lama) [July 5, 1959- 1965]
5. UUD NRI 1945 (orde baru) (1966-1998)
6. UUD NRI 1945 dan perubahan I ( October 19, 1999- August 18, 2000)
7. UUD NRI 1945 dan perubahan I dan II [ August 18, 2000-November 9, 2001]
8. UUD NRI 1945 dan perubahan I, II dan III [November 9, 2001-August 10, 2002]
9. UUD NRI 1945 dan perubahan I, II, III dan IV [August 10, 2002]
1 AMENDMENT OF THE CONSTITUTION OF THE REPUBLIC OF 3 Penyaji
I
INDONESIA IN 1945 IN THE SERIES OF KEY POINTS.

Changes in Basic The Change

• Reform Requests: Before The Change : Thinking: Purpose:

• Reform of the Constitution of
1945.
• Abolition of Dwi Function
Doctrine ABRI.
• Enforcement of legislation,
human rights, and eradication
of corruption, collusion,
nepotism.
• Autonomy Regional.
• Press freedom.
• The embodiment of
democracy life.
The quantity:
a. Sixteen Chapters.
b. Thirty-seven Articles.
c. Forty-nine verses.
d. Four articles on the
Rules of Switching.
e. Two paragraphs of the
Additional Rules.
f. Explanation.
• The Supreme Power in MPR 's
Hands.
• The President's power is great.
• Multiinterpretative articles.
• The President's arrangement of
state institutions through the
submission of the law.
• The state's organizing practice is
incompatible with the spirit of
the 1945 Constitution's
opening.
It is Perfecting the basic laws
of state order, the
sovereignty of the people,
human rights, following the
country's aspirations and
needs, the division of
power, social welfare, the
existence of a democratic
state, and the state of law.

People's Consultative Basic Agreement : Juridical Basis:

Change Result :
• The quantity:
a. Twenty-one chapter.
b. Seventy-three chapters.
c. With 170 verses.
d. Three Post Switching
Rules.
e. 2 Supplementary Rules
Article.
f. No explanations.
Assembly Meeting:
• Sidang Umum MPR 1999 • It does not change the • Pasal 3 UUD 1945
Constitution's opening in
14-21 Okt 1999 1945. • Pasal 37 UUD 1945
• Sidang Tahunan MPR 2000 • Keep NKRI. • TAP MPR No.IX/MPR/1999
• Strengthen the presidency
.7-18 Agt 2000
system. • TAP MPR No.IX/MPR/2000
• Sidang Tahunan MPR 2001 • The articles contain the
explanation of the
• TAP MPR No.XI/MPR/2001
1-9 Nov 2001
Constitution of 1945
• Sidang Tahunan MPR 2002 containing normative
1-11 Agt 2002 things.

4 Penyaji
I
Hierarchy of Laws and Regulations under Law 12
of 2011 on the Law Establishment.
• As the country's basic law,
the legislation under the NRI
Constitution 1945, its contents
are sourced and should not be
contrary to it. For example, the
content of the norm of an
article in the law should not be
contrary to the Constitution of
the NRI.
If a law of its contents is
deemed contrary to the
Constitution, it can give
rise to the law's
constitutionality. Citizens
can submit a
constitutionality test to
the Constitutional Court
of Indonesia.
 Example
Article 73 of Law No. 2 of 2018 on MPR, DPR,
DPD, and DPRD (UUMD3) was submitted
judicial review by several public figures. In
this article, the House of Representatives
reserves the right to make a forceful call to
any person who is not present after being
called three times in a row for no good and
valid reason. The Constitutional Court, in its
ruling, overturned Article 73 of the MD3 Act
because it contravened the Constitution of
the Republic of Indonesia in 1945. The
subpoena is the realm of criminal law, while
in the Constitution, the House of
Representatives' authority is not part of
criminal law.
THANK YOU