Constitution Formulation and Amendment in Indonesian and American Legal System: A Comparative Study

Abstract

The purpose of this study is to find out the comparison of constitutional law in Indonesia and the United States in terms of the development of the constitution and the mechanism for changing the constitution (UUD). The method used in this research is in the form of legal research. The type of research used for this approach is normative legal research. As in the United States constitution, Article V regulates how to amend the constitution. Meanwhile, in Indonesia, the mechanism for this change is regulated in Article 37 of the 1945 Constitution (UUD). The United States and Indonesia are countries that have adopted a presidential system of government with a republican form of government. In addition, the state institution authorized to make changes to the constitution of each country is the legislature. If in the United States the one who can amend the Constitution is the Congress consisting of the House of Representatives and the Senate, then in Indonesia the authority to make changes to the Constitution is the MPR, which includes the DPR and DPD. Then, the form of the constitution used by the two countries is the same as the Written Constitution. The existence of the United States Constitution is actually an effort to realize the principles stated in a Declaration of Independence (1776). The Declaration is based on French philosophical and English Enlightenment schools. The main purpose of the United States constitution is to guarantee the rights of the states.