1945 Constitution of the Republic of Indonesia

Article

July 5, 2022

The 1945 Constitution of the Republic of Indonesia (abbreviated as UUD 1945; sometimes also abbreviated to UUD '45, UUD RI 1945, or UUD NRI 1945) is the constitution and the highest legal source in force in the Republic of Indonesia. The 1945 Constitution is the embodiment of the basic state (ideology) of Indonesia, namely Pancasila, which is clearly stated in the Preamble to the 1945 Constitution. The formulation of the 1945 Constitution began with the birth of the basic state Pancasila on June 1, 1945 in the first session of the BPUPK. The formulation of the real constitution itself began to be carried out on July 10, 1945 with the start of the second session of the BPUPK to draft the constitution. The 1945 Constitution was officially enacted as the constitution of the Indonesian state by PPKI on August 18, 1945. Its enforcement was stopped for 9 years with the enactment of the RIS Constitution and the 1950 Constitution. The 1945 Constitution was again valid as the state constitution through a Presidential Decree issued by President Soekarno on 5 July 1959. After entering the reformation period, the 1945 Constitution was amended four times from 1999–2002. The 1945 Constitution has the highest legal authority in the Indonesian state government system, so that all state institutions in Indonesia must comply with the 1945 Constitution and state administration must comply with the provisions of the 1945 Constitution. In addition, every statutory regulation in Indonesia must not conflict with the 1945 Constitution. The Constitution has the authority to review laws, while the Supreme Court over regulations under laws, which are contrary to the provisions of the 1945 Constitution. Provisions regarding amendments to the 1945 Constitution are regulated in Article 37 of the 1945 Constitution.

Structure

The 1945 Constitution has undergone significant structural changes since the 1945 Constitution was amended four times. In fact, it is estimated that only 11% of the total contents of the Constitution will remain the same as before the amendment to the Constitution. Prior to the amendment, the 1945 Constitution consisted of: The preamble, which consists of four paragraphs. Trunk, which consists of: 16 chapters, 37 articles, or 65 paragraphs of the main rule. 4 articles of transitional rules. 2 paragraph addition rule. The explanation, which consists of a general explanation and an explanation of article by article. After the amendments, the current 1945 Constitution (according to Article II of the Supplementary Rules of the 1945 Constitution) consists of: The preamble, which consists of four paragraphs. Articles, which consist of: 21 chapters, 73 articles, or 194 paragraphs of the main rule. 3 articles of transitional rules. 2 additional articles of regulation. Although the section "Explanation of the 1945 Constitution" was not formally mentioned from the 1945 Constitution after the fourth amendment, the contents of the Elucidation section have been materially integrated into the Body and are still an inseparable part of the 1945 Constitution. The following are the structure of the 1945 Constitution in one text (after the fourth amendment).

Opening

The preamble to the 1945 Constitution is an introductory part of the 1945 Constitution in the form of a four-paragraph text. Each paragraph in the Preamble has a different meaning, namely: Paragraph I means that the Indonesian people are anti-colonial, because colonialism is not in accordance with humanity and justice. Then, the Indonesian people also recognize that every nation has the right to be independent. Therefore, the Indonesian people support the struggle for the independence of the nations of the world. Paragraph II describes the noble ideals of the Indonesian people, namely wanting to create an independent, united, sovereign, just and prosperous Indonesian state. Paragraph III contains the statement of Indonesia's independence, as well as the recognition of the Indonesian people that the independence achieved is thanks to God's grace and not solely the result of the struggle of the Indonesian people themselves. Paragraph IV contains the purpose of establishing the government and state of the Republic of Indonesia, and contains the state foundation of Pancasila.

Trunk

The body of the 1945 Constitution is part of the contents of