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

REFERENCES
A.D. Belinfante, et.al., Beginselen van
Nederlandse Staatsrecht,Samson
Uitgeverij, Alphen aan den Rijn, 1983.
Abdul Rasyid Thalib, Wewenang Mahkamah
Konstitusi dan Impilkasinya dalamSistem
Ketatanegaraan Republik Indonesia,
Bandung: Citra AdityaBakti, 2006.
Ahmad Sukardja, Hukum Tata Negara dan
Hukum Administrasi Negara Dalam
Perspektif Fikih Siyasah, Sinar Grafika,
Jakarta, 2012.
Albert Hasibuan, Rule of Law, Rechtsstaat dan
Demokrasi, dalam T. Mulya Lubis,
Aristides Katoppo (penyunting), Yap
Thiam Hien, Pejuang Hak Asasi Manusia,
Sinar Harapan, Jakarta, 1996.
Ali, Achmad. 2008. Menguak Realitas Hukum
Rampai Kolom & Artikel Pilihan Dalam
Bidang Hukum. Jakarta: Kencana
Andrew Vincent, Theories of The State, Basil
Blackwell Inc., New York, 1987.
Astim Riyanto, Teori Konstitusi, Yapemdo,
Bandung, 2003.
Azhary. 1995. Negara Hukum Indonesia
Analisis Yuridis Normatif tentang Unsur-
Unsurnya. Jakarta: UI-Press
Bakry Noor MS. 1994. Pancasila Yuridis
Kenegaraan. Yogyakarta. Penerbit Liberty
Budiharojp, Miriam, Dasar-Dasar Ilmu Politik,
Jakarta: Gramedia, 1998.
Budiman N.P.D Sinaga, Hukum Tata Negara,
Perubahan Undang Undang Dasar, PT.
Tatanusa, Jakarta, 2009.
Budiman N.P.D Sinaga, Konstitutionalisme,
bnpds. wordpress.com, 7 Maret 2000.
Diakses 18 November 2023.
C.F. Strong, Konstitusi-Konstitusi Politik
Modern: Studi Perbandingan tentang
Sejarah dan Bentuk-Bentuk Konstitusi
Dunia, terjemahan SPA Teamwork,
(Nuansa dan Nusamedia, Bandung, 2004.
C.F. Strong, Modern Political Constitution: An
Introduction to the Comparative Study of
Their History and Existing Form, First
American Edition, G.P. Putnam’s Sons,
New York, 1963.
Carl J. Frederich, Man and His Government, Ellydar Chaidir dan Sudi Fahmi, Hukum
McGraw-Hill, New York, 1963. Perbandingan Konstitusi, (Total Media,
Charles Howard McIlwain, Constitutionalism: Yogyakarta, 2010.
Ancient and Modern, Cornell University Fajar, Mukti. 2005. Tipe Negara Hukum.
Press, New York, 1947. Malang: Bayumedia.
Dahlan Thaib, Jazim Hamidi dan Ni’matul Franz Magnis Suseno, 1994, Etika Politik;
Huda, Teori dan Hukum Konstitusi, PT Prinsip-prinsip Moral Dasar Kenegaraan
RajaGrafindo Persada, Jakarta, 1999. Modern, Gramedia pustaka Utama, Jakarta
Dahlan Thain, et.all., Teori dan Hukum Gabriel A. Almond, “Political Science: The
Konstitusi, Jakarta: Raja Graindo Persada, History of the Discipline”, dalam Robert E.
2001. Goodin and Hans-Dieter Klingemann (eds),
Dalijo, J.B., dkk. Pengantar Ilmu Hukum, A New Handbook of Political Science,
Jakarta: Gramedia, 1994. Oxford University Press, Oxford, 1996.
Darmodiharjo, Darji. 1991. Santiaji pancasila. H.W.R. Wade, Administrative Law, Third
Surabaya: Usaha Nasional. Edition, Clarendon Press-Oxford, London,
Dedi Ismatullah, Beni Ahmad Saebani, Hukum 1971.
Tata Negara, Refleksi Kehidupan Hamidi, Jazim. 2009. Hukum perbandingan
Ketatanegaraan di Negara Republik Konstitusi. Jakarta: Prestasi Pustaka
Indonesia, Pustaka Setia, Bandung, 2009. Publiser.
Denny Indrayana, Komisi Negara: Evaluasi Harjono, Kedudukan dan Kewenangan
Kekinian dan Tantangan MasaDepan, Mahkamah Konstitusi
Jurnal Yustisia, Edisi XVI Nomor 2, Juli- DalamSistemKetatanegaraan di Indonesia,
Desember, FakultasHukum Universitas Makalah disampaikan pada diskusi hukum
Andalas, Padang. Jurusan Hukum Administrasi, Universitas
Denny Indrayana, Komisi Negara: Evaluasi Airlangga. Tanggal 6 I. Widarta, Cara
Kekinian dan Tantangan Masa Depan, Mudah Memahami Undang-Undang
Makalah pada Seminar Kompas, “Sewindu Nomor 32 Tahun2004tentang Pemerintah
Reformasi, Mencari Visi 2030”, Jakarta, 8- Daerah, Bantul: Pondok Edukasi, 2005.
9 Mei 2006. Juni 2003.
Departemen Pendidikan Nasional, Kamus Besar Held David, 2006, Models of Democracy, Edisi
Bahasa Indonesia, Edisi Ketiga Balai Bahasa Indonesia, Penerjemah : Abdul
Pustaka, Jakarta,2007. Bagir Manan, Haris, Jakarta : The Akbar Tandjung
Pertumbuhan dan Perkembangan Institute.
Konstitusi Suatu Negara, Mandar Maju, Henry J. Schmandt, Filsafat Politik, Kajian
Bandung, 1995. Wirjono Projodikoro, Historis Dari Zaman Yunani Kuno Sampai
Asas-asas Hukum Tata Negara di Zaman Modern, A. History of Political
Indonesia, Dian Rakyat, Jakarta, 1989. Philosophy, (Ahmad Baidlowi dan Imam
Don E. Fehrenbacher, Constitutions and Bahehaqi, penerjemah), Cetakan Ketiga,
Constitutionalism in the Slaveholding Pustaka Pelajar, Yogyakarta, 2009.
South, University of Georgia Press, Hermawan, Erman, Politik Membela yang
Georgia, 1989. Benar, Teori Kritik dan Nalar, Jakarta:
Edward S. Corwin, The Constitution and What Garda Bangsa, 2001.
it Means Today, 13th ed, Princeton Huda, Ni`matul, Hukum Tata Negara, Jakarta:
University Press, New York, 1973 Raja Grafindo Persada, 2005.
Effendi Bahtiar. 2000. Reformasi Konstitusi Huda, Ni’matul. 2005. Hukum Tata Negara
Sebagai Prasyarat Indonesia. Jakarta: Raja Grafindo Persada.
DemokratisasiPengalaman Indonesia. I Dewa Gede Atmadja, Hukum Konstitusi
Analisis CSIS Tahun XXIX/2000, No. 4. Problematika Konstitusi Indonesia Sesudah
Effendy, Masyhur. 2005. Perkembangan Perubahan UUD 1945, Setara Press,
Dimensi Hak Asasi Manusia (HAM) dan Malang, 2012.
Proses Dinamika Penyusunan Hukum Hak Ilham Budiawan, 2008, Politisasi Survei dan
Asasi Manusia (HAKHAM). Jakarta: Demokrasi, Permata Hati, Malang
Ghalia Indonesia Imam Kabul, 2007, Dinamika Hukum
Informasi, Nirmana Media, Jakarta.
Irfan Islamy, 2002, Prinsip-prinsip Perumusan New York, 1966.
Kebijaksanaan Negara, Penerbit Bumi
Aksara, Jakarta.
Janos Kis, Constitutional Democracy, traslated
by Zoltan Miklosi, Central European
University Press, Budapest, New York,
2003.
Jazim Hamidi & Mustafa Lutfi, “Ketentuan
Konstitusional Pemberlakuan Keadaan
Darurat dalam Suatu Negara”, Jurnal
Konstitusi, Volume 6 Nomor 1, (April,
2009
Jazim Hamidi dkk. Teori dan Politik Hukum
Tata Negara, Total Media, Yogyakarta,
2009.
Jazim Hamidi, Mohammad Sinal, Ronny
Winarno, Any Suryani, I Ketut Sudantra,
Mariyadi, Tunggul Anshari S. Sinaga,
Teori Hukum Tata Negara, A Turning
Point of The State, Salembaga Humanika,
Jakarta, 2012.
Jimly Asshiddiqie, Konstitusi dan
Ketatanegaraan, The Biografy Institute,
Bandung, 2007.
Jimly Asshiddiqie, Konstitusi dan
Konstitusionalisme Indonesia, Cetakan
Pertama, Sinar Grafika, Jakarta, 2010
Jimly Asshiddiqie, Konstitusi dan
Konstitusionalisme Indonesia, Edisi Revisi,
Sinar Grafika, Jakarta, 2010
Jimly Asshiddiqie, Membangun Budaya Sadar
berkonstitusi, dalam Satya Arinanto, Ninuk
Triyanti (ed.), Mamahami Hukum dari
Konstruksi Sampai Implementasi, Rajawali
Pers, Jakarta, Cetakan Kedua: Januari 2011
Jimly Asshiddiqie, Negara Konstitutional,
http://www. jimly.com. Diakses 18
November 2023
Jimly Assiddiqie. 2007. Pokok-Pokok Hukum
Tata Negara Indonesia. Jakarta PTBhuana
Ilmu Populer Kelompok Gramedia.
Jimmly Asshiddiqie, Sruktur Ketatanegaraan
Indonesia Setelah PerubahanKeempat
UUD Tahun 1945, Makalah disampaikan
dalamSeminar Pembangunan Hukum
Nasional VIII yang diselenggarakan Oleh
BadanPembinaan Hukum Nasional
Departemen Kehakiman dan Hak Asasi
Manusia RI, Denpasar 14-18 Juli 2003.
K.C. Wheare, Konstitusi Konstitusi-Konstitusi
Modern, Modern Constitutions
(terjemahan, Imam Baehaqie), Nusa Media,
Bandung).
K.C. Wheare, Modern Constitution, Second
Edition, Oxford University Press, London,
Kaelan, 2004. Pendidikan Pancasila. Moh. Mahfud MD, Politik Hukum di Indonesia,
Yogyakarta. Penerbit Paradigma Edisi Revisi, Cetakan Keempat, Rajawali
Koesnardi, Moh. 1985. Ilmu Negara.
Jakarta:
Perintis Press.
Kusnardi, Moh., et. all, Ilmu Negara, Jakarta:
Gaya Media Pratama, 2000.
L.J. Van Apeldoorn, Pengantar Ilmu Hukum,
(Oetarid Sadino, penerjemah), Cetakan
Ketigapuluh empat Pradnya Paramita,
Jakarta, 2011
Larry Alexander (ed),
Constitutionalism: Philosopical
Foundations, (Cambridge:
Cambridge University Press, 1999), hlm. 4.
Lubis, M. Solly, Asas-Asas Hukum Tata
Negara,
Bandunga: Alimno, 1982.
Lukman Hakim, Kedudukan Hukum Komisi
Negara di Indonesia: Eksistensi Komisi-
Komisi Negara (State Auxiliary Agency)
Sebagai Organ Negara yang Mandiri
Dalam Sistem Ketatanegaraan, Program
Pascasarjana Universitas Brawijaya,
Malang, 2010.
Mahfud MD, Moh, 2008. Kekuasaan
Kehakiman Pasca Amandemen UUD
1945, dalam Gagasan Amandemen UUD
1945 (Suatu Rekomendasi), Jakarta:
Komisi Hukum Nasional.
MD, Muh, Mahfud. 2003. Demokrasi dan
Konstitusi di Indonesia, Studi Tentang
Interaksi politik dan Kehidupan
Ketatanegaraan. Jakarta: Rineka Cipta.
Michael Allen dan Brian Thompson, 7 th
Edition, Cases & Materials on
Constitutional & Administrative Law,
Oxford University Press, London, 2002.
Miriam Budiardjo, Dasar-Dasar Ilmu Politik,
Edisi Revisi, Gramedia Pustaka Utama,
Jakarta, 2008.
Miriam Budiardjo. 2007. Dasar-Dasar Ilmu
Politik. Jakarta. Penerbit GramediaPustaka
Utama.
Mirza Nasution, Pertanggungjawaban
Gubernur Dalam Negara Kesatuan
Indonesia, Sofmedia, Jakarta, 2011.
Mochtar Kusumaatmadja, 1995, Pemantapan
Cita Hukum dan Asas-Asas Hukum
Nasional di Masa Kini dan Masa yang
Akan Datang, Padjadjaran, Alumni,
Bandung.
Moh. Kusnardi, Bintan R. Saragih, Ilmu
Negara, Cetakan Ketujuh, Gaya Media
Pratama, Jakarta, 2008
 Pers, Jakarta, 2011. Djokosutono, Hukum Alumni, Bandung, 1984.
Tata Negara, Ghalia Indonesia, Jakarta, Surbakti Ramlan, 2007, Memahami Ilmu
1982 Politik, Jakarta : Grasindo.
Mu’allifin, M. Darin Arif, “Neo-Kolonialisme Suteki, “Rekonstruksi Politik Hukum Tentang
(Analisis Sejarah dan Gerakan Neo- Hak Menguasai Negara Atas Sumber Daya
Kolonialisme)”, dalam Ahkam Jurnal Air Berbasis Nilai Keadilan Sosial (Studi
Hukum Islam, Volume 13, Nomor 02 Privatisasi Pengelolaan Sumber Daya
Nopember 2011, STAIN Tulungagung. Air)”, Desertasi Program Doktor Ilmu
Mukhsin. 2005. Ikhtisar Hukum Indonesia. Hukum Universitas Diponegoro Semarang,
Jakarta: Badan Penerbit IBLAM. 2008.
Mustafa Bachsan, 2001, Sistem Hukum Thaib, Dahlan. 2008. Teori dan Hukum
Administrasi Negara Indonesia, Bandung : Konstitusi. Jakarta: Raja Grafindo Persada.
Citra Aditya Bakti. Tim ICCE UIN Jakarta, Pendidikan Kewargaan
Nasution, Adnan Buyung. 1995. Aspirasi (Civic Eduatin) Demokrasi Hak Asasi
Pemerintahan Konstitusional di Indonesia. Manusia Masyarakat Madani, Jakarta:
Jakarta: Grafiti. ICCE UIN Syarif Hidayatullah, 2003.
Padmo Wahjono, Ilmu Negara, Cetakan Ketiga, Titik Triwulan Tutik, Konstruksi Hukum Tata
INDHILL-CO, Jakarta, 2003. Negara Indonesia Pasca Amandemen UUD
Radjab, Dasril. 2005. Hukum Tata Negara 1945, Cetakan Pertama, Kencana Prenada
Indonesia. Jakarta: Rineka Cipta. Media Group, Jakarta, 2010.
Richard Samuelson “John Adams and the Toto S.Pandoyo. 1981. Ulasan Terhadap
Republic of Law” dalam Bryan-Paul Frost Beberapa Ketentuan UndangUndangDasar
and Jeffrey Sikkenga (eds), History of 1945. Yogyakarta. Penerbit Libert
American Political Thought, Lexington Triwulan Tutik, Titik. 2006. pokok-pokok
Books, Maryland, 2003. Hukum Tata Negara. Jakarta: Prestasi
Ridwan HR., Hukum Administrasi Pustaka Publiser.
Negara,RajaGrafindo Persada, Jakarta, Undang-Undang Dasar 1945 (sebelum
2007. perubahan)
Roberto M. Unger, Teori Hukum Kritis, Posisi Undang-Undang Dasar 1945 (sebelum
Hukum Dalam Masyarakat Modern (Law perubahan)
and Modern Society: Toward a Criticism of Undang-Undang Dasar 1945 (setelah
Society Theory, Dariyanto dan Sri mengalami perubahan sampai keempat
Widowatie, penerjemah), Cetakan kalinya
Keempat, Nusa Media, Bandung, 2010 Undang-Undang Dasar Republik Indonesia
Santoso, M. Agus. 2009. Kajian Hubungan Serikat
Timbal Balik Antara Politik dan Hukum, Undang-Undang Dasar Sementara 1950
Jurnal Ilmiah Hukum “YURISKA” Vol. I Wahyudi Djafar, Sejarah Konstitusionalisme,
No. I FH UWGM Samarinda, Agustus wahyudidjafar.net, 26 Januari 2012. Diakses
2009 18 November 2023
Santoso, M.Agus. 2011. Kajian Tentang Walter F. Murphy, Constitutional Democracy:
Manfaat penelitian Hukum Bagi Creating and Maintaining a Just Political
pembanguan Daerah, Jurnal Ilmiah Hukum Order, The Johns Hopkins University
“YURISKA”, Vol. 3 No. 01 FH UWGM Press, Maryland, 1929.
Samarinda, Agustus 2011 Walton H. Hamilton, “Constitutionalism”,
Sekretariat Jenderal MPR RI. 2003. Panduan dalam Edwin R.A., Seligman & Alvin
dalam memasyarakatkan UUD 1945;Latar Johnson (eds), Encyclopedia of the Social
Belakang, Proses dan Hasil Perubahan Sciences, Macmillian, New York, 1931).
UUD 1945. Jakarta. William George Andrews, Constitutions and
Sri Soemantri M, Susunan Ketatanegaraan Constitutionalism, 3 rd ed., Van Nostrand
Menurut UUD 1945 dalam Ketatanegaraan Company, New Jersey, 1968
Indonesia Dalam Kehidupan Politik Zainal Arifin Mochtar, Konstitutionalisme
Indonesia, Sinar Harapan, Jakarta, 1993. Populis, isnuansa.blogspot.com, 4
Sri Soemantri Martosoewignyo, Prosedur dan November 2009. Diakses 18 November
Sistem Perubahan Konstitusi, Penerbit 2023