Abstract
The four amendments to the 1945 Constitution are imperatives of an imperfect human work. For Indonesia, the 1945 Constitution is the highest law (basic law) of all existing state norms and institutions. However, after careful scrutiny, it turns out that there are a number of provisions that weaken the constitutionality of the 1945 Constitution. The purpose of this article is to analyze the constitutionality of the 1945 Constitution after the fourth amendment. The method used is descriptive method and the method of constitutional comparison, with a qualitative juridical analysis approach to state administration. The conclusion of this article is that there are provisions that weaken the 1945 Constitution such as the 42 state affairs, government and state administration that submit further arrangements to the law. In addition, and especially if it is associated with the authority to change and develop itself, it becomes very dependent on the DPR. For this reason it is important to do constitutionality by making changes to the fifth and so on, beginning with compiling a grand design change that emphasizes legal and constitutional aspects rather than political aspects.
Highlights
When for the first time the 1945 Constitution was promulgated on August 18, 1945, as the 1945 Constitution of the Proclamation [1], Chairman of the PPKI (Indonesian Independence Preparatory Committee) Soekarno made a statement: “.... and gentlemen all of them understand, that the current constitution is a temporary constitution
Since this article is about the 1945 Constitution, comparisons will be emphasized more on the concepts of the constitution that exist in a constitution of another country, including comparing with the constitutions that have been in force in Indonesia in the past
It means to demand that every other legal principle outside the Constitution, its contents must not conflict with the Constitution, both normatively and in constitutional doctrine, especially with the soul of "rechtsidee" or "staatsidee" in Indonesia called Pancasila
Summary
When for the first time the 1945 Constitution was promulgated on August 18, 1945, as the 1945 Constitution of the Proclamation [1], Chairman of the PPKI (Indonesian Independence Preparatory Committee) Soekarno made a statement: “.... and gentlemen all of them understand, that the current constitution is a temporary constitution. When for the first time the 1945 Constitution was promulgated on August 18, 1945, as the 1945 Constitution of the Proclamation [1], Chairman of the PPKI (Indonesian Independence Preparatory Committee) Soekarno made a statement: “.... Gentlemen all of them understand, that the current constitution is a temporary constitution. If we have served in a more peaceful atmosphere, we will certainly reassemble the House of Representatives that can make the Constitution more complete and more perfect. A similar statement was previously made by two signatories to the United States Constitution of 1787, Madison and Moris [3]. Madison states: "I am not the number if there is any such, who thinks the Constitution lately adopted a faultless work ...". Twenty years later Moris stated: "Nothing human can perfec. Surrounded by difficulties, we did the best we could; leaving it with those who should come after us to take counsel from experience, and exercise prudently the power of amendment, which we had provided, ... "
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
