Luthfan Abel Alghifary – 20410800

Based on scholars opinion, the method of constituional change consist of formal and informal.
Formal method's if the constitution it self provide the way of change such as Article 3 and Article
37 UUD Post Amendment. Meanwhile Informal Method's the mechanism of change does'nt
regulated in the constitution it self.
My question are:
1) if the way of change does'nt regulated in the constitution it self, according to your
opinion is that legal ?? if legal could you mention the sources of law!!
2) Could you give the example of informal change post amendement that implement by the
constitutional court decision !!!
Answer:
1. In the provisions that contained in Article 3 and Article 37 of the 1945 Constitution
(UUD 1945), it is very possible for changes to occur, as happened four times in the
period from 1999 to 2002. This indicates that the constitution is not always absolutely
eternal so it can be changed. The development of the times and the needs of society are
the benchmarks for a constitution that can be changed so that the importance of
community participation becomes a necessity in creating a people's constitution. Changes
to the Constitution are very possible because the 1945 Constitution itself regulates the
principles and mechanisms for changes to the 1945 Constitution, which are contained in
Article 3 and Article 37 of the 1945 Constitution and are carried out by the MPR by its
authority. Article 37 of the 1945 Constitution (UUD 1945), regulates changes to the
Constitution carried out by the People's Consultative Assembly (MPR) with
predetermined conditions, however, Article 37 paragraph (5) of the 1945 Constitution
stipulates that: "Specifically regarding the form of the State "The unity of the Republic of
Indonesia cannot be changed." This means that changes can indeed be made to the
articles that can be changed. Thus, it can be concluded that changes to the constitution
can be made, but must be by the provisions contained in the 1945 Constitution. Changes
are considered invalid if the changes do not comply with the provisions contained in the
1945 Constitution (UUD 1945).
2. Changes to the constitution can occur through informal changes, namely changes outside
the procedures stipulated in the constitution, which can occur due to some primary forces,
interpretation, or judicial usage and convention, for example:
1) The Republic of Indonesia MPR Decree Number IV/MPR/1983 concerning
Referendum, which regulates that the right to determine proposed changes to the
constitution rests with the people who will be determined through a referendum.
The MPR decree "secretly" changed the procedures for amending the constitution
as regulated in Article 37 of the 1945 Constitution
2) Constitutional Court Decision No. 92/PUU-X/2012 concerning the results of the
constitutionality test of legal products of Law no. 27 of 2009 concerning the
People's Consultative Assembly, the People's Representative Council, the Regional
 Representative Council and the Regional People's Representative Council (UU
MD3) and Law no. 12 of 2011 concerning the Formation of Legislative Regulations
(UU P3)
3) Constitutional Court Decision Number: 008/PUU-II/2004 concerning the
constitutionality review of Law no. 23 of 2003 concerning the General Election of
President and Vice President against the 1945 Constitution of the Republic of
Indonesia,