Indonesian Constitutional Law has undergone significant developments since Indonesia's independence in 1945. These developments in constitutional law include various aspects such as constitutional amendments, the development of the governmental system, human rights, regional autonomy, and much more. This article will discuss in detail the development of Indonesian constitutional law from time to time.
Introduction
The definition of constitutional law is a set of rules that govern the procedures for exercising state power, the division of authority, and the relationship between the government and the people. Indonesian constitutional law continues to evolve in line with changing times and increasingly complex demands of society.
Pre-Independence Era
Before Indonesia's independence, constitutional law the prevailing law in Indonesia was the Dutch colonial constitutional law based on Dutch positive law. During this period, the constitution in force was the Staatsregeling which was first established in 1925. This constitution only applied to Dutch people living in the Dutch East Indies, while indigenous people were not recognized as legal subjects.
Independence Era
After Indonesia's independence on August 17, 1945, Indonesia's first constitution was the 1945 Constitution (UUD 1945). The 1945 Constitution contains the principles of the state, human rights, and the division of power between state institutions. However, the 1945 Constitution does not regulate the system of government to be implemented.
Liberal Democracy Era
During this period, Indonesia implemented a liberal democratic system of government regulated in the RIS (Republic of the United States of Indonesia) Constitution ratified in 1949. The RIS Constitution regulated the formation of a federal state and the division of authority between the central and regional governments. However, this system of government did not function well due to disputes between the central and regional governments.
Old Order Era
During the Old Order era, which began in 1959, Indonesia implemented a presidential system of government regulated in the 1950 Provisional Constitution. This system of government strengthened the role of the president as the head of state and a centralized government. During the Old Order era, there were also restrictions on human rights and violations of civil liberties.
New Order Era
Changes in the Governmental System
During the New Order era, Indonesia implemented a highly centralized and authoritarian presidential system of government. This system granted enormous power to the president and state institutions under his control. In addition, the government also implemented the Dwifungsi ABRI system, which integrated the TNI (Indonesian National Armed Forces) and Polri (Indonesian National Police) into the political activities of the state.
Restrictions on Human Rights
During the New Order era, there were restrictions on human rights and violations of civil liberties. The government often used violence and intimidation to suppress criticism from the public or opposition groups. In addition, there were also violations of land rights and environmental rights.
Reform
In 1998, Indonesia experienced significant political changes. Massive demonstrations by students and the public succeeded in overthrowing President Soeharto, who had been in power for 32 years. The political reforms that followed brought major changes to the system of government and human rights in Indonesia.
Constitutional Amendments
After the reformation, changes were made to the Indonesian constitution. In 1999, Indonesia ratified the 1945 Constitution, which had been revised. This constitution provides greater protection for human rights and regulates a more democratic and open system of government.
Development of the Governmental System
After the reformation, Indonesia implemented a more democratic and open system of government. The presidential system of government is still used, but the power given to the president is more limited than during the New Order era. In addition, Indonesia also implements a regional autonomy system that gives greater authority to local governments.
Improvement of Human Rights
After the reformation, human rights in Indonesia experienced a significant increase. The government began to provide greater protection for civil and political liberties. In addition, there has also been an increase in the protection of land rights and environmental rights.
Conclusion: The Development of Indonesian Constitutional Law
Development Indonesian constitutional law has undergone significant changes from time to time. significant from time to time. After going through the colonial period, independence, and several authoritarian governments, Indonesia finally entered the era of reformation which brought major changes in the system of government and human rights. Although there are still various problems, however Indonesia continues to strive to improve the quality of its laws its constitutional law and protect the rights of the people better.
Frequently Asked Questions
What is Indonesian constitutional law?
Indonesian constitutional law is a set of rules and principles that govern the procedures for administering the state and government in Indonesia. This includes the division of power, the constitutional system, human rights, and the state's obligations to the people.
What are the differences between the 1945 Constitution and the 1950 Constitution?
The main difference between the 1945 Constitution and the 1950 Constitution lies in the system of government. The 1945 Constitution regulates the presidential system of government, while the 1950 Constitution regulates the parliamentary system of government.
What is the influence of constitutional law on society?
Constitutional law has a direct impact on society, because it regulates human rights, the system of government, and the state's obligations to the people. This can affect the welfare of society, justice, and the stability of the state.
What is the process for amending the 1945 Constitution?
The process of amending the 1945 Constitution is regulated in Article 37 of the 1945 Constitution. Amendments to the 1945 Constitution can be made through a joint session of the DPR and the President, with the approval of two-thirds of the total number of DPR members.
What is the current development of constitutional law?
The development of constitutional law is constantly changing and adapting to current conditions. Several amendments to the 1945 Constitution have been made to strengthen the democratic system and human rights in Indonesia. In addition, there have been changes in the system of government, such as the formation of regional governments that give more power to the regions in the administration of government.
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