HISTORY CONSTITUTIONAL REFORM OF INDONESIAN STATE

DANIALA YUSUF YUSFIAH1; Dr. BUDI KRISTANTO, S.IP, M.Si, Ph.D2

Program Studi Magister Ilmu Pemerintahan, FISIP, Universitas Lambung Mangkurat
Email: danialayusuf@gmail.com

Abstract
The journal also traces the historical development of constitutional states and explores the principles
that govern the exercise of government power. The importance of a constitution in defining the boundaries and
limitations of government actions, and it serves as a benchmark for studying a country's laws. An ideal
constitution should establish a balance of power between different branches of government. The term
"constitution" can refer to the entire system of governance of a country or a collection of regulations that form
and govern the government.
It highlights that the constitution of a nation evolves in line with its political development, and Indonesia
has seen its constitution evolve since gaining independence. The Constitution was not strictly and consistently
followed during the first presidency of Hatta, and there were changes in the constitutional system, particularly
when issuing Vice President's Decree The research suggests that some scholars perceive the Constitution to be
the same as the Basic Law, as all legal regulations must be written, and the written Constitution is the Basic
Law. Constitutions that have been used in Indonesia. Jimly Assidiqie (2007: 73) in terms of the development of
the basic law text, since the proclamation of August 17, 1945 until now, the stages of Indonesian constitutional
history can be said to have passed through six stages of development, namely: 1) The period of August 18, 1945
- December 27, 1949; 2) The period of December 27, 1949 - August 17, 1950; 3) Period of August 17, 1950 -
July
5, 1959; 4) Period dated July 5, 1959 - October 19, 1999; 5) Period dated October 19, 1999 - August 10, 2002;
6) Period dated August 10, 2002 until now.

Keywords: Government, Constitution, State, Govern, Indonesia, State, Development, Democracy

reform in transitioning countries differs from

INTRODUCTION
This research/journal discusses the
importance of constitutional reform and its role
in the political development of countries
transitioning to democracy. Emphasizes that
almost all countries undergoing a transition to
democracy consider constitutional reform to be
essential. The constitution guarantees political
rights and ensures a balance of power among the
executive, legislative, and judicial branches of
government. The government is seen as a tool
for serving the interests of the people and
achieving predetermined goals.
The concept of constitution varies among
countries, with the exception of the United
Kingdom where the term is used in a narrower
sense. The implementation of legal
understanding derived from agreements gives
rise to the perception of "Ubi Societas Ibi Ius"
(where there is society, there is law). The desire
to effectively safeguard citizens' political rights
and regulate the exercise of state power has led
every modern country to adopt
constitutionalism. The process of implementing
constitutional
one another.
The research/journal also traces the
historical development of constitutional states
and explores the principles that govern the
exercise of government power. It highlights the
importance of a constitution in defining the
boundaries and limitations of government
actions, and it serves as a benchmark for
studying a country's laws. The research/journal
states that in the historical context of Indonesia,
the existence of a constitution is seen as a
manifestation of a social agreement (social
contract) among the people to establish a state
and government that will govern them. The
research/journal references Rousseau's idea that
laws arise from a social contract, and a state
governed by laws creates the concept of a legal
state.
An ideal constitution should establish a
balance of power between different branches of
government. It should also define the
relationship between citizens and the
government, recognizing the principle of
government that is acknowledged by the
governed. In addition to
 laws enacted by the government, a constitution
may include the opinions of legal experts and
customs of the local society. The term
"constitution" can refer to the entire system of
governance of a country or a collection of
regulations that form and govern the
government.
Overall, the research/journal emphasizes
the significance of constitutional reform in
building and developing a democratic society. It
underlines the characteristics of a constitutional
government, such as expanding political
participation, empowering the legislature, and
rejecting authoritarian rule.
LITERATURE REVIEW
Definition of Constitution
The role and functions of constitutional law
in a country that practices constitutional
democracy. Constitutional law serves to limit the
power of the government, ensuring that those in
power do not abuse their authority. The term
"constitution" can have a broader meaning than
just a written constitution, as there can also be
unwritten constitutions that are not covered by the
written laws.
The constitution determines how the
different branches of government interact and
cooperate with each other. It also records the
power relations within a state. The constitution is
considered the highest law that must be obeyed
by both the people and the government.
It consists of both written laws, known as
constitutional laws, and unwritten laws that arise
and are maintained through the practice of
governing. The concept of separation of powers is
mentioned, where power is divided among the
legislative, executive, and judicial branches of
government. Various scholars provide their
perspectives on the definition of constitution,
ranging from fundamental laws that govern the
state and its fundamental values, to a
journal/research that outlines the structure and
functions of government bodies.
The constitution is seen as the foundation
of a country, ensuring the proper functioning of
the government and protecting the rights of
citizens. It covers various aspects such as the
organization of the state, human rights and
responsibilities, procedures for amending the
constitution, and the social contract between the
people and the government. The journal/research
concludes by explaining that the term
"constitution" is often translated into "undang-
undang dasar" in
Indonesian, which literally means "basic law" in
English, reflecting the Dutch and German usage
of "Grondwet" and "grundgesetz" respectively.
Purpose and Function of the Constitution
In connection with the need for the
constitution as a tool to limit state power, Miriam
Budiharjo (1998) said: "In a country that adheres
to constitutional democracy, the constitution has a
unique function, namely to limit the exercise of
government power. The method is not arbitrary.
In this way, we hope that the rights of citizens can
be better protected."
In principle, the purpose of the Constitution
is to limit the power of the government to protect
the rights of the governed and to formulate the
exercise of sovereign power.Its purpose can be
simply divided into three objectives, namely:
limiting and supervising political power. The
purpose can be simply divided into three
objectives, namely: limiting and supervising
political power; releasing the control of power
from the ruler himself and providing regulatory
limits to the ruler in exercising his power (ICCE
UIN Jakarta Team: 2003). Linking the
constitution with the general law, it can be
understood that the purpose of law is to require a
balance of interests, order, justice, peace and
happiness for everyone. Apart from the purpose
of law, the function of the purpose of law can be
summarized in detail as follows: as a means of
public order and order, as a means of realizing
material and spiritual social justice, and as a
means of spurring the progress of society.
Development, as a means of criticism (critical
function) / supervision, and as a means of
resolving disputes (J.B. Dalijo et al.: 1994).
Constitution and the State
The previous section discussed the history
and development of the constitution and
according to Sri Sumantri, there is no country in
the world today that does not have a constitution
or constitution. State and Constitution are two
things that cannot be separated (Sri Soemantri
Martosoewigyo: 1984). The Constitution of the
Republic of Indonesia, for example, known as the
1945 Constitution which was enacted on August
18, 1945, is the culmination of the Indonesian
people in fighting for independence.
In Van Apeldoorn's view, the meaning of
basic laws has always changed over time, and this
stems from the emergence of the doctrine of
"rationality" of natural law where humans initially
lived in a state of nature (status naturalis), a state
that had a government and did not have positive
law, then gave birth to a community agreement,
namely an agreement made between humans with
each other, then formed a governmental power or
established a state. The condition or content of the
agreement is the existence of a basic law made
between the government and the people after the
state is formed (L.J. Van Apeldoorn: 2012).
In general, states have a text called a
constitution or basic law. Gimli Ashidiki argues
that a state that does not have a constitutional text
like the UK, but has rules that grow into a
constitution through the experience of
constitutional practice, can still be called a
constitutional existence in the UK constitution.
Asshiddiqie reinforces his point by quoting
Phillips Hood and Jackson who say (Jimly
Asshiddiqie: 2011): "A set of laws, customs, and
practices that determine the composition and
powers of state organs and regulate the
relationship between the state and ordinary
citizens". From the interpretation of Hood and
Jackson, Ashdiqi concluded that the constitution
also includes the notion of written provisions and
unwritten provisions. written regulations that
establish the structure of positions in state
institutions in the form of state practices and
conventions (state administration), regulate the
relationship between the organs of the state, and
regulate the relationship between the organs of
the state and citizens (Jimly Asshiddiqie: 2011).
As a written constitution the basic law is a
formal document, which contains (Sri Soemantri
Martosoewignyo: 1984): 1) The results of the
nation's political struggle in the past; 2) The
highest levels of the nation's constitutional
development; 3) The views of national leaders
who want to be realized, both for the present
time and for the future; 4) A desire, with
which the development of the nation's
constitutional life will be led. Of the four
materials, there are at least two things contained
in the basic law that will guarantee its
development. First, the way of formulating
rules that are general in nature and regulate
only the main points so that there is flexibility in
accommodating the developments that occur.
Second, there are rules that regulate formal
changes if adjustment efforts are not possible to
be drawn from the existing basic rules.
In addition to these things, the constitution
has an important meaning for a country. A
country formed without a constitution, in the
author's
opinion, is like a man walking in a dark forest and
does not know the way because he does not have
a compass to determine the direction of his
journey. Likewise, the constitution is a measuring
tool for a country to determine its national life.
Moh. Mahfud MD describes two important things
that must be considered in the making and content
of the constitution, namely (Moh. Mahfud MD:
2011):
1. First, the content of the constitution
should be basic and abstract-general; it should not
contain concrete, technical and quantitative
matters so as not to face demands for change too
often. Things that are concrete, technical and
quantitative are usually more easily questioned
when dealing with new problems that arise in the
midst of society. 2. Secondly, the constitution
must contain procedures and changes that are not
easily made except for very important reasons; for
example, there must be provisions on the
minimum number of proposers of changes to the
contents of the constitution, and a minimum
quorum in making decisions to change the
contents of the constitution. There are also
constitutions that must be amended by
referendum.
Two important things as conveyed by
Mahfud are intended so that the constitution is not
easily changed, because as expressed by
Djokosutono, the constitution (grondwet) for a
country has two important meanings, namely
(Djokosutono: 1982): First, in terms of content
(naar de inhoud) because the constitution contains
the basis (grond slagen) of the structure
(inrichting) and contains the function
(administratie) of the state. Second, in terms of
form (naar de maker) because the constitution is
not just any person or institution. It may be by a
king, a king with the people, a constituent body,
or a dictatorial institution. Padmo Wajono agrees
with Mahfud MD, and according to him, as
something that reflects the legal consciousness of
the state, it is logical to require another special
way in the formation of the constitution. This
other way is actually needed so that the basis of
the state is not easily changed by amendment
(Padmo Wahjono: 2003). So that at any time the
constitution is not amended then if you want to
change it must be in special ways, and
complicated.
The functions of determining and limiting
state power, regulating relations between state
institutions, and regulating power relations
between state institutions and citizens are the
most
important functions. Other features are also
important, but according to Sinaga, these features
will not function properly without the application
of the third feature. In this case, the role of strict
and restrictive state power must be interpreted
positively, that is, the power is clearer and easier
to implement by state institutions.
From the above explanation we can see that
the relationship between the Constitution and the
state is very close. The state, which means the
government, cannot exercise its power without a
constitution, and vice versa without a state, the
constitution will not be born. However, the
Constitution was born by the will of the people
and must be implemented by the government.As
Thomas Paine said as quoted by Sinaga: "That
men mean distict and separate thins when they
speak of Constitutions and of Governments, is
evident; or why are those terms distinctly and
separately used? A Constitution is not the act of a
Government, but of a people constituting a
Government; and Government without a
Constitution is power without a right."
Therefore, basic laws must always be
prepared for the benefit of the whole nation,
and if this is ignored the people will not accept
the basic law. In fact, popular acceptance is an
essential requirement of a basic law. The
establishment of a constitution is
complemented by the framework of a state to
explain the form of the state, the system of
government, and the purpose of the state.
Constitution and Constitutionalism
The importance of constitutions in the
organization of a state and the protection of the
interests of its people. It explains that when a
constitution is aimed at achieving common
interests, it is considered a "correct"
constitution. The author bases their opinion on
the natural conditions of human beings and the
social contract that gives rise to the state.
Emphasizes that constitutions are a set of
rules that regulate the organization of the state
and the relationship between the state and its
citizens. It serves as a means of adaptation and
cooperation between the two entities. The
fundamental basis of constitutionalism is the
general agreement or consensus among the
majority of the people regarding the desired
structure of the state.
Constitutionalism is a belief that
advocates for limitations on government
through a constitution. The journal/research
explores why a constitution is essential in the
governance of a country. In addition to limiting
power, constitutions are used as a tool to
guarantee the rights of citizens. The concept of
constitutionalism is considered crucial in
modern societies.
Highlights the historical development of
constitutionalism, mentioning that in ancient
Rome, the term "constitutio" had a different
meaning from the modern terminology of
constitution. It further argues that constitutions
and states are inseparable, and every country
must have a shared belief that actions should be
based on jointly established rules.
The consensus is considered vital
because every country should have a common
understanding that whatever is done must be
based on the agreed-upon "rule of the game."
Almost every country has its constitution. The
second agreement is regarding the basis of
governance being rooted in the rule of law and
the constitution.
Provides various definitions of
constitution and constitutionalism by scholars.
It states that constitutionalism aims to limit
government power, ensuring that the necessary
power in governance is not abused. Only after
the development of constitutionalism did the
idea of a constitution as a fundamental law
emerge, tasked with upholding the elements of
constitutionalism.
Also mentions the social contract theory,
explaining that humans enter into social
contracts to preserve their basic rights, such as
the right to life, liberty, and property, which
give birth to political status. It concludes by
stating that the existence of a constitution in the
governance of a country is crucial, as without
it, a state may not be formed. The principles of
the rule of law and the entire legal framework
of the state should be formulated in the
constitution, both in written and unwritten
forms. The constitution serves as a barometer
of the nation's life and provides guidance for
future generations in governing the country. It
refers to Aristotle's concept of "right
constitution" and "wrong constitution,"
emphasizing the importance of the constitution
as a state apparatus in building
constitutionalism.
METHOD
The research method used in this approach
 is known as desk research. This type of research
involves the use of secondary legal sources,
such as legislation, court decisions, legal
theories, and expert opinions, to establish legal
principles. In addition, primary materials
including the Constitution and various official
documents containing legal provisions were also
studied. Secondary materials such as textbooks,
monographs, and research reports are also taken
into account. Sunaryati Hartono as cited in M.
Agus Santoso (2011:18) explains that this
research approach also examines some literature
related to the development of the constitution in
Indonesia as secondary legal material. This
literature is analyzed and presented in this
article in an analytical descriptive format.
RESULTS & DISCUSSION
Development of the Constitution in Indonesia
The role of the president and the National
Committee in the presidential system of
governance in Indonesia. It highlights that the
constitution of a nation evolves in line with its
political development, and Indonesia has seen
its constitution evolve since gaining
independence. The sovereignty of the Republic
of Indonesia is exercised by the government in
collaboration
with the DPR and the Senate.
The term "constitution" is not limited to a
legal perspective but also encompasses a
political science point of view due to the
complexity of issues faced by a nation. The
principle of a unitary state is emphasized in
Article 1, paragraph(1) of the 1950 Constitution,
stating that Indonesia is an independent and
sovereign state governed by the rule of law,
democracy, and unity. The people have the
responsibility and authority to establish the
Constitution, the State Policy Guidelines, elect
and appoint the President and Vice President,
and amend the Constitution.
The journal/research explains that the
differences in the importance of issues
determine whether they should be included in
the Constitution or in the Basic Law. The 1945
Constitution states that sovereignty lies with the
people and is carried out by the MPR, the
highest state institution. The specific political
configuration influences the development of a
nation's constitutional system, as seen in
Indonesia during different periods.
The Constitution was not strictly and
consistently followed during the first presidency
of Hatta, and there were changes in the
constitutional system, particularly when issuing
Vice President's Decree The research suggests
that some scholars perceive the Constitution to
be the same as the Basic Law, as all legal
regulations must be written, and the written
Constitution is the Basic Law. The Constitution
reflects the implementation of the Unitary State
of the Republic of Indonesia based on the
Proclamation of August 17, 1945, and includes
the decentralization or distribution of authority
to regions throughout Indonesia. The
journal/research notes that the RIS Constitution
had a short lifespan due to its content being
imposed by the Dutch or the UN instead of
being rooted in the will of the Indonesian
people.
Constitutions that have been used in
Indonesia
If a constitution no longer reflects the
political landscape, or does not meet the
aspirations of the people, it can be abolished and
replaced with a new constitution. For example,
after France was liberated from the occupation
of German forces, it was deemed necessary to
make a new constitution that reflected the birth
of the new French state. A similar situation also
occurs in Indonesia, where Miriam Budiardjo
(2007: 104) divides the development of law in
the development of state administration into
four stages:
1) in 1945 (the Constitution of the
Republic of Indonesia which defacto applies
only in Java, Madura and Sumatra). 2) 1949 (the
Constitution of the Republic of Indonesia which
defacto applies throughout Indonesia, except
West Irian).
3) 1959 (The 1945 Constitution of the Republic
of Indonesia with Guided Democracy, followed
by Pancasila Democracy, this Constitution from
1963 applies throughout Indonesia including
West Irian).
In terms of the development of democracy
in the history of the Republic of Indonesia,
Miriam Budiardjo (2007: 105) divides it into
three stages, namely: 1) 1945-1959 as the 1st
Republic of Indonesia (Parliamentary
Democracy) based on three consecutive
Constitutions, namely: 1945, 1949 and 1950. 2)
1959-1965 as the Second Republic (Guided
Democracy) based on the 1945 Constitution. 3)
The period from 1965 to the present as the Third
Republic of Indonesia (Pancasila Democracy
based on the 1945 Constitution).
 This idea was already presented long
before the fall of the Soeharto regime in the
1970s, so that if we look at it now we can add
the period of the Third Republic, namely the
period between 1965 and 1998. Then in 1998
until now, the revised 1945 Constitution can be
used to add the fourth republic period
(democratic transition period).
Jimly Assidiqie (2007: 73) in terms of the
development of the basic law text, since the
proclamation of August 17, 1945 until now, the
stages of Indonesian constitutional history can
be said to have passed through six stages of
development, namely: 1) The period of August
18, 1945 - December 27, 1949; 2) The period of
December 27, 1949 - August 17, 1950; 3) Period
of August 17, 1950 - July 5, 1959; 4) Period
dated
July 5, 1959 - October 19, 1999; 5) Period dated
October 19, 1999 - August 10, 2002; 6) Period
dated August 10, 2002 until now.
In the first period, the 1945 Constitution
prevailed, the 1949 RIS Constitution prevailed,
the 1950 Provisional Constitution prevailed, and
the 1945 Constitution prevailed again along
with its explanations in the fourth period. After
that, the 1945 Constitution was amended again
in 1999, 2000, 2001 and 2002. The version in
force from July 5, 1959 was used as the standard
for making changes outside the text, which later
became an inseparable attachment to the text of
the 1945 Constitution. Thus, according to Jimly
Assidiqie (2007: 74), the time spent amending
the 1945 Constitution in one activity can be
referred to as the transitional constitutional
period.
How the implementation of state
administration based on the basic law in each
periodization can be described as follows:
1. First Republic: 1945 Constitution (August
18, 1945 to December 27, 1949) The 1945
Constitution, which was ratified on August
18, 1945, was the first constitution of the
Republic of Indonesia that was in force
throughout the country until December 27,
1949.The Indonesian Independence
Preparatory Committee (PPKI) passed the
First Draft of the Constitution.BPUPKI was
established on May 28, 1945, and the
process of drafting the 1945 Constitution
began. The establishment of this
organization was evidence of the Japanese
Government's commitment to grant
independence to Indonesia in due course.
BPUPKI held
sessions. The first session took place from
May 29, 1945 to June 1, 1945, and the
second session took place from July 10 to
July 17, 1945.
2. Second Republic: The RIS Constitution
(December 27, 1945-August 17, 1950) The
Dutch wanted to regain power in Indonesia
with Aggression I and Aggression II in 1947
and 1948, when Indonesia had just gained
independence. Due to strong Indonesian
resistance, the Dutch were unable to take
control of Indonesia. In 1949, the Round
Table Conference (RTC) was held in The
Hague, Netherlands. Establishing the
Republic of Indonesia was one of the
outcomes of the RTC. In addition, the RTC
decided on the draft Constitution of the
Republic of Indonesia, which came into
force on December 27, 1949.
The Republic of Indonesia (RI) has legally
existed since the establishment of the United
Republic of Indonesia (RIS). On December 27,
1949, the 1945 Constitution only applied to the
territory of the Republic of Indonesia, not to the
whole of Indonesia. The RIS State with the RIS
Constitution only lasted a short time because it
was not in accordance with the spirit of the
independence proclamation which wanted a
unitary state and did not want a state within a
state. As a result, several states returned to the
Republic of Indonesia. The merger of the states
into the Republic of Indonesia was indicated by
the Decree of the President of RIS.
3. Third Republic of Indonesia; 1950 UUDS
(August 17, 1950 - July 5, 1959). Under the
1950 Provisional Constitution, the
constitutional change from a union state to a
unitary state took place. However, the
system of government used a parliamentary
cabinet that was not in accordance with the
spirit of Pancasila, so the cabinet collapsed,
with an average cabinet life of less than one
year. The cabinet was replaced seven times
from 1950 to 1959, according to Noor Ms.
Bakry (2001:36).
The Constitution of the Unitary State of
the Republic of Indonesia 1950 was also
temporary, like the RIS Constitution of 1949.
This temporary nature is mentioned in Article
134, which stipulates that the Constituent
Assembly and the Government must draft a
Constitution of the Republic of Indonesia to
replace the Constitution in force at that time,
the 1950
UUDS. Unlike the 1949 RIS Constitution,
which did not have time to form a constituent
assembly or a constitution-making body, under
the 1950 UUDS, .
4. Fourth Republic: The 1945 Constitution of
the Old Order (1959-1965). Features of this
period included strong presidential
dominance, limited influence of political
parties, increasing communist influence,
and the development of ABRI as a socio-
political component. The president could
stay in office for at least five years,
according to the 1945 Constitution.
However, this five-year limit was
overturned by MPRS Decree No.
III/MPRS/1963, which appointed Soekarno
as president for life. In 1960, President
Soekarno dissolved the popularly elected
House of Representatives, despite the 1945
Constitution stating that the president did
not have the authority to do so. The Gotong
Royong House of Representatives was
formed to replace the elected House of
Representatives, with its role as an auxiliary
to the President. Meanwhile, its control
function was removed.
Even if the leaders of the House of
Representatives are appointed ministers, their
role is more akin to assisting the president than
as representatives of the people. The president
has strong powers in other areas outside the
executive. Under Law No. 19/1964, the
President can intervene in the judiciary. In
addition, as Miriam Budiardjo (2007: 71) points
out, there were still many deviations from the
1945 Constitution. At its highest point, the
events of G 30 S/PKI had ended the era of led
democracy and paved the way for the era of
Pancasila democracy.
5. The Fifth Republic: The 1945 Constitution
of the New Order (1966-1998) The shift in
power from Soekarno to Suharto led to the
shift from the old order to the New Order.
Many changes occurred in the
implementation of the 1945 Constitution,
and the New Order was determined to
correct many of the mistakes made by the
Old Order. At first, the New Order sought to
improve the country's fortunes in various
aspects of its life. Through a series of
programs outlined in the GBHN and
Repelita, people saw improvements in
various areas of their lives. However, the
New Order turned into an authoritarian
power during its journey.
To maintain power, interpretations of the
1945 Constitution were changed. Even the short
and flexible 1945 Constitution was determined
not to be changed in the interests of the people,
but in the interests of power. In the New Order,
the same experience as the Old Order with the
1945 Constitution giving the president a very
strong position was repeated.
The president is responsible for the
position of the legislature. In addition, people's
human rights were limited. Due to power
without control, the New Order government
often made mistakes in various areas of life.
Collusion and nepotism (KKN) were very
common. Inequality of development results
occurred, the gap between rich and poor
widened, and debt ballooned, eventually leading
to a multi-faceted crisis. Popular students
pushed for change on all fronts. With the
resignation of Soeharto on May 21, 1998, the
New Order regime finally collapsed.
Sixth Republic: The 1945 Constitution was
amended from 1998 to the present. In the history
of both the Old and New Order, the fact that the
articles of the 1945 Constitution had multiple
meanings and "could be interpreted many times"
led to the president holding power. This is the
reason why the 1945 Constitution must be
amended. Because the amendment will bring
Indonesia to a new stage in constitutional
formation, that is why it is necessary (Kaelan,
2004: 177). Indonesia has been amending the
1945 Constitution since 1999. In 1999, they
added and amended 9 articles, then conducted
the second amendment in 2000, the third
amendment in 2001, and the last amendment in
2002, which was ratified on August 10, 2002.
So, the official version of the 1945 Constitution
of the Republic of Indonesia
The causes of constitutional change in
Indonesia.
The 1945 Constitution was drafted by the
Indonesian Independence Preparation Efforts
Examination Board (BPUPKI). It was then
approved by the Indonesian Independence
Preparation Committee (PPKI) on August 18,
1945. The manuscript was drafted during the
Japanese colonial period, and in a hasty
atmosphere, causing various shortcomings in its
application in the practice of nation and state.
This is one of the reasons for the amendment of
the constitution in Indonesia.
When the Indonesian people tried to
proclaim their independence, their enthusiasm
was very great, especially since they had
received the blessing of the Japanese, who were
still the official colonizers of Indonesia at that
time and had encouraged preparations for
independence. The draft of the Indonesian
Constitution that was prepared during World
War II attracted the attention of several
countries, such as Japan and the Netherlands. Of
course, the atmosphere at that time was different
from the period of independence that the
Indonesian nation would experience later, so
that the 1945 Constitution in line with the
passage of time was no longer appropriate for
the next period, therefore there was a need for a
review to amend it, which is why then the
Constitution as a constitution in Indonesia
underwent changes.
External influences, especially from
foreign countries such as the Netherlands,
changed the Indonesian constitution. The Dutch
suggested that Indonesia adopt a Unitary State
rather than a Unitary State. This constitutional
change also changed Indonesia's constitutional
system. From the beginning, there was no clear
definition of Pancasila and the 1945
Constitution as the Dutch colonizers were
always trying to increase their power. Indonesia
was forced to think politically to outsmart the
Dutch due to strong pressure from the Dutch.
Their initial agreement to become the United
States did not last long.
Many factors influenced the changes to
Indonesia's constitution. Some of these driving
forces came from within, such as the need to
actualize the constitutional system, while others
came from outside, such as the shift from the
United States to the Republic of Indonesia to
trick the Dutch. As a result, the Constitution
used was not the 1945 Constitution but the 1950
UUDS. Indonesia's constitutional system
changes as a result of constitutional changes.
Difficult situations can affect constitutional
changes because the constitutional system is not
running well, the government is chaotic, and
there is distrust in running the government. As a
result, the president made a decree to revert to
the 1945 Constitution. The constitution and
national leadership were taken over by the
president.
The principles and process of amending
the 1945 Constitution, as set out in Article 37 of
the 1945 Constitution, allow for changes to the
constitution. Philosophically, the 1945
Constitution has influenced a democratic system
that cannot function properly because it
combines integralistic values and popular
sovereignty. After the people felt aggrieved,
democracy was stifled, and other things, the
demand for changes to the constitutional system
began with changes to the constitution. To be a
strong constitution, changes must be made in
order to facilitate a democratic political and
governance configuration (Muh, Mahfud MD,
2003: 177).
Article 37 of the 1945 Constitution
provides for amendments to the Constitution to
be made by the People's Consultative Assembly
(MPR) under predetermined conditions.
However, Article 37 paragraph (5) of the 1945
Constitution states that: "No special amendment
may be made concerning the form of the
Unitary State of the Republic of Indonesia."
This means that any article that can be amended
can be amended.
The Constitution as the Root of
Constitutionalism
Since the Constitution constitutes the
supreme social covenant for the entire sovereign
people of the country, it applies as the supreme
law. A country's Constitution consists of various
legal, political, and economic documents that
serve as a "lighthouse" that provides guidelines,
paths, and directions for its government. To
ensure effective and democratic governance, the
Constitution also regulates the relationship
between centers of power.
This is due to the fact that "the
constitution is a basic law that regulates the
principles of running the country" (Ahmad
Sukardja: 2012). A constitution-based state
considers the constitution as a "higher law" and
"basic law". In this regard, K.C. Wheare says:
The short explanation of this phenomenon is
that a Constitution is thought of as an instrument
by which government can be controlled. The
Constitution springs from a belief in limited
government (K.C. Wheare: 1975). The
Constitution advocates limited government).
Taking Wheare's opinion into account, it
can be said that the constitution serves to
establish the state, regulate the relationship
between the government and its people, and
supervise the government (Jazim Hamidi &
Mustafa Lutfi: 2009). The constitution is "the
law governing state power", according to Mac
Iver (1Stim Riyanto: 2003). The constitution
contains
"a collection of principles governing the powers
of government, the rights of the governed (the
people), and the relationship between the two"
(C.F. Strong, 2004). Therefore, the constitution
contains principles that regulate the limits of
power and the relationship between the
government and the rights of the people (Mirza
Nasution, 2011).However, according to James
Bryce, "A constitution as a frame work of
political society, organized through and by law"
(I Dewa Gede Atmadja: 2012).
In addition, Jimly said that "all
constitutions always make power the center of
attention, because power itself in essence needs
to be properly regulated and limited" (Jimly
Asshiddiqie: 2010). He also said that "the
constitution limits and regulates how the
sovereignty of the people is channeled,
exercised, and organized in the activities of the
state and daily governance activities".
According to Ellydar Chaidir and Sudi
Fahmi (2010), the constitution of a state "is not
only intended to limit the authority of the ruler,
guarantee the rights of the people, and regulate
the government, but it is also a tool for the
people to consolidate their political and legal
position by organizing life together to achieve
their ideals."
At this stage, the existence of a state
constitution is the basis of the theory of
constitutionalism. The constitution is not only
intended to limit the power of the ruler, protect
the rights of the people, and organize the
government, but also to be a tool for the people
to consolidate their political and legal position
by organizing common life to achieve goals.
Therefore, today's constitutions not only contain
laws, but also establish legal principles, state
direction, and standards of (political) wisdom,
all of which are binding on the ruler (Ellydar
Chaidir and Sudi Fahmi: 2010).
In addition, according to Jimly, the
constitution creates a state based on 128 basic
democratic standards, which are the instincts of
the state society (Surya Kencana Dua:
Dynamics of Legal and Justice Issues Vol. 6
No.1, March 2016), so that the constitution
created is a democratic constitution that
supports the law (Jimly Asshiddiqie: 2010). The
constitution serves as the basic law of the
country, and the ruler does not easily manipulate
the constitution to maximize his power. The
constitution is also expected to protect the rights
of its people.
Therefore, it is very clear that the use of
state power has been defined and limited by its
characteristics. The constitution also provides
guidance and limits on state power. All state
institutions and all citizens are bound by the
constitution, so they carry out the constitution in
accordance with their rights and obligations
stipulated in the constitution....
"The constitution has a special function
and is the embodiment or manifestation of the
highest law that binds and must be obeyed by all
citizens and state institutions without
exception," said Miriam Budiardjo. Thus, it can
be said that opposing the decision of the
Constitutional Court, which is considered by the
constitution as a state institution guarding and
interpreting the constitution, is the same as
opposing the constitution itself. Therefore, in
order to memorize the values of the constitution
as the basic rule of the state, the decision of the
Constitutional Court must be implemented.
The Relationship of the Constitution (Law) to
the Duties and Functions of the State
To avoid dangerous conflicts, the state
must control and regulate signs of power that
conflict with each other. Secondly, the
responsibility of the state is to organize and
integrate the activities of individuals and groups
to achieve the general goals of society.
However, the state must perform two functions:
First, to implement law and order to achieve
common goals and prevent conflicts in society;
and second, to ensure the welfare and prosperity
of its people. Third, it protects itself from
external attack. Fourth, it enforces the law.
The courts do that. And the state has the
power of force to fulfill its duties and functions
by implementing (constitution-law) or
legislation. Thus, society can be orderly and
anarchy can be prevented. The state has
coercive power, which means they can legally
use physical force. Tools used by the
government to coerce include the police and the
army.
The Constitution and Today's Challenges
During the history of Indonesia's
constitutional development, the Constitution has
been amended several times. This began with
the first 1945 Constitution, the 1949 RIS
Constitution, the 1950 UUDS, the second 1945
Constitution after the Presidential Decree of
July 5, 1959, and the amended 1945 Indonesian
Constitution. According to Lawrens M.
Friedmann's legal system theory, the existence
of
the Constitution can be analyzed as follows:
Law consists of legal substance (legal content),
legal structure (legal institutions), and legal
culture (legal culture).
For example, paragraph (4) of Article 33
of the 1945 Constitution confirms that the
national economy is organized based on
economic democracy with the principles of
togetherness, efficiency, justice, sustainability,
environmental perspective, and independence,
in addition to maintaining a balance of progress
and national economic unity. According to
Suteki (2008), Article 33 paragraph (4) of the
1945 Constitution incorporates new principles
into the concept of social justice in Indonesia.
The liberal economic system replaced the
communal.
According to M. Darin Arif Mu'allifin,
Indonesia's economic liberalization during the
globalization era led to Neo Colonialism. As a
result, international corporations such as the
IMF, ADB World Bank, and others controlled
the Indonesian economy. Furthermore, after the
Stelsel Kultur or forced planting, and Verplichte
Leverancie or land tax, a third form of
colonization emerged, namely Liberal
Economic Politics (M. Darin Arif Mu'allifin,
2011).
In terms of structures and law
enforcement institutions, the Indonesian
Constitution is more complete after several
amendments. This includes the establishment of
new institutions such as the Constitutional
Court, the Corruption Eradication Commission,
the Judicial Commission, the Ombushman
Commission, and others. The problem that often
occurs is the abuse of authority or exceeding the
limits of authority of law enforcement officials.
The legal culture of the people shows low
legal awareness, with many unlawful acts by
both the people and officials. The Constitution
contains promises that must be fulfilled and
accounted for. In constitutional life, the
Constitution plays an important role. In
management science, the Constitution is
described as a system consisting of: Legal
Planning, Legal Organization, Legal
Implementation, and Legal Control. Therefore,
the Constitution serves as a tool to realize the
values and goals of the state. Because the
Constitution is so basic, it is necessary to reform
the Constitution, institutions and culture if
systemic problems occur. One way to do this is
by reforming campus education programs. This
will realize the meaning of the song Indonesia
Raya WR. Supratma.
The Essence of Limitation of Power, Based
on General Agreement
The importance of constitutionalism in a
democratic government. It argues that without
laws, democracy can veer off course as those in
power can interpret them however they please.
Therefore, constitutionalism calls for
accountability in the exercise of power and
establishes the principle that every authority
must be held accountable.
It states that a democratic state must
adhere to and uphold constitutionalism in order
to achieve democratic governance. The power
within the state is entrusted to officials who
have been given authority to exercise it. In a
system of government based on the will of the
majority, it is essential for the government to be
accountable to the majority.
Constitutional democracy is seen as the
only way to create a democratic government.
The foundation of constitutionalism is
consensus among the majority of the people
regarding the desired structure of the state. This
demonstrates the central role of the constitution
in a democratic government. The actions of the
government should always be based on the will
of the constitution, which is the essence of
constitutionalism.
Accountability is seen as an inherent part
of the exercise of authority. Therefore, the
constitution becomes a binding framework for
holding those in power accountable for the use
of their authority. The key issue in
constitutionalism is the regulation of
government power through supervision and
limitations.
The government, as the representative of
political institutions, has the mandate to
safeguard the fundamental rights and welfare of
the people. These three elements are crucial for
upholding constitutionalism in a country. In a
constitutional democracy, power is restricted
and procedures are determined, ensuring that the
government does not act arbitrarily and is
accountable.
This is due to the lack of consensus
among citizens regarding their ideal state.
Therefore, government officials within state
institutions must be held accountable for the use
of their power in accordance with what is
prescribed in the constitution. It is in this aspect
that constitutionalism places the constitution
as an
 integral component of democratic governance. national anthems, flags, languages, emblems,
The limited state embodies and the
constitutionalism, ensuring that state affairs are
not arbitrary, as stated clearly in the
constitution. If the consensus collapses, the
legitimacy of the power of the state also
collapses, which can lead to a civil war or
revolution. Accountability is a constitutional
necessity as it relates to the acquisition and use
of power. In constitutional democracy, the
distinct characteristic is the belief that
democratic government should have limited
power and should not act arbitrarily towards its
citizens.

CONCLUSION
This journal emphasizes the importance
of understanding a country's constitution in
order to comprehend how power is exercised by
the established institutions. It explains that a
country's national identity is necessary to
introduce and explain its personality to other
nations. Each country has a unique
constitutional identity influenced by factors
such as experiences in nation-building. The
concept of constitutional identity is essentially
contested as there is no consensus on its
meaning or scope.
Recognition by other nations is crucial for
maintaining order and realizing the function of
law. Public involvement in the process of
developing laws and public decision-making is
crucial. The constitution reflects the state of
democracy during its time and is divided into
three levels: social and political, written text
(Basic Law), and modern concept. A
constitution is necessary to regulate the law and
ensure that all regulations below it are
subordinate to the constitution.
The existence of a nation or state is
related to the existence of a constitution. The
journal also discusses the relationship between
constitutional identity and national identity, as
well as the role of the constitution in governing
a nation. The constitution is seen as a legal
regulation and is considered the highest decision
of the people or individuals belonging to the
state.
National identity is continuously
reconstructed or deconstructed depending on the
course of history. The ability of a country to
adapt to changes depends on its capacity to
handle them. The constitution's identity is
determined by its very existence and is
associated with national characteristics such as
declaration of independence. Indonesia, as a
sovereign and independent country, requires a
national identity to be recognized and
distinguished from other nations.

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