Full transcript of “Apa Hukum dan Kostitusi Indonesia Sama? | Konstitusi Indonesia”. Click a timestamp to open the video at that moment. Need another video? Use the YouTube transcript generator.
0:00 This country is a country of law, not a country of power. Indonesia is a country of law. Is the law in this country just? Hey, I need to emphasize that our country, Indonesia, is a country of law. In the 1945 Constitution, the Republic of Indonesia is a state based on law. So our country is a legal movement, right? So anyone who breaks the law must be punished. So, never mind doctors, even judges who make mistakes will be punished. The constitution is law. But not all laws are constitutional. The law is the constitution. But not all constitutions are laws. In fact, Benny's friend,
0:48 our lives are governed by the constitution . For example, how we become a nation, at what age do we get an ID card, can we get government assistance, and many other things that are regulated by this constitution. So, that's why it's really important for us as a society to understand the constitution. So in this video we will find out more about the constitution in Indonesia. But before that, Min Beni would like to remind you that this video was made to learn about Indonesia and how to be a true citizen. Min Beni has no intention of lecturing
1:33 anyone. If there are any mistakes in what Min Beni said, you can correct them directly in the comments column, OK? Okay, now let's move on to the discussion. [Music] So, Benny's friend, long before there were countries, laws, and written laws, people only used customary law or mutual agreements to create rules so they could live together in harmony. There is no TNI Law, ITE Law or anything like that. Well, it was only around 1600 to 1700 that the concept of constitution was used in various countries. Etymologically or from
2:21 the origin of the word, the word constitution is taken from Latin, namely constitutio, which means determination or formation. Around the 14th century, the word konstitutio was absorbed into English and Old French as constitution which refers to laws and systems of government. In its development, the constitution was divided into two parts. First, the classical constitution refers to rules in society in the form of agreements or customary rules, not formally documented, and tends to be absolute. and its creation before the 18th century. Some examples of classical constitutions
3:06 include the Hammurabi code in Mesopotamia around 1750 BC. Two, the charter of meaning in Europe in 1215. And the third is customary law or royal tradition. The second is the modern constitution. The modern constitution is a legal concept that was born around the 18th century. Contains the highest legal documents that regulate a country's government system based on the principles of democracy, the rule of law, and human rights. Some examples of modern constitutions are the first, the United States Constitution of 1787.
3:52 The second, the German Constitution of 1949. And the third, the Indonesian Constitution of 1945. Based on its form, the constitution is divided into two parts. First, an unwritten constitution, namely a rule that is not contained in an official document originating from tradition, culture and political customs. Usually, this unwritten constitution is more flexible and can develop according to political practices and developments over time. For example, in England, it is stated in the meaning of the Carta of 1215 and the Bill of Wright of 1689.
4:38 Second, the form of a written constitution. This form of constitution is stated in an official, clear and systematic document. usually created by a special legal body such as a Constituent Assembly or Legislature and has formal procedures in case of changes. Examples of written constitutions are the American Constitution and the 1945 Constitution in Indonesia. Now, to better understand the importance of the constitution, we need to look at some of the great figures whose thoughts and works have become references in the concepts of modern constitutionalism that we know today. First there was Aristotle. Around 350
5:24 BC, Aristotle wrote a work entitled Politics and Constitution of Athens. He argued that every country has a constitution and the form of government is divided into good government and bad government. Good governance aims for the common good, while bad governance only aims for the interests of certain groups. The second character is Thomas Hops. In 1651, Thomas Hopes published a book entitled Leviat. He explained that before the constitution existed, humans lived in a state of nature or a natural state full of conflict and
6:10 chaos. Therefore, there must be a mechanism to maintain order so that chaos does not occur. The constitution exists as a contract between the people and the government to reduce chaos in communal life. The third character is John Lock. In 1689, John Locke wrote Two Traditions of Government, which explained that the state must be limited by law and a constitution to protect human rights such as the right to life, liberty, and property. In addition, he also introduced the concept of separation of powers, which John Locke's thoughts later became the basis
6:56 for the American constitution in 1787 and also the modern constitution that exists today. Fourth, there is Jenjah Cruso. In 1762 he wrote a book entitled The Social Contract which explained that the constitution that was made must reflect the collective will of the people and the people must have full sovereignty over law and government. These figures contributed greatly to shaping the concept of modern constitutionalism as it exists today, which combines the principles of popular sovereignty, the supremacy of law, and the division of powers.
7:43 On August 7, 1945, the Investigating Body for Preparatory Work for Indonesian Independence or BPU PKI had completed its duties and was disbanded. Then the Indonesian Independence Preparatory Committee or PPKI was formed on the same date. So, it is the PPKI that has the task of drafting our constitution. Indonesia had its first constitution on August 18, 1945, namely the 1945 Constitution. The 1945 Constitution is our first constitution, you know. Initially, this constitution only had 37 articles covering
8:28 the division of power between the President, the DPR, and the MPR. presidential system of government , Pancasila as the basis of the state, Indonesia as a unitary state, regulation of human rights and citizen rights, and sovereignty that lies in the hands of the people, but is fully implemented by the MPR. From August 23 to November 2, 1949, the Round Table Conference was held. This conference triggered the formation of the Republic of the United States of Indonesia or RIS which required the 1945 Constitution to be changed to the Constitution of the Republic of the United States of Indonesia or
9:15 RIS Law. The form of the Indonesian state also changed to become a federal state or a federal state. The system of government also shifted from a presidential to a parliamentary system. However, the RIS Law did not last long, Friend Beni. On May 19, 1950, negotiations took place between the RIS government and representatives of the states who wanted Indonesia to be transformed back into a unitary state in accordance with what was aspired to in the proclamation of independence. After the negotiations were agreed upon, a preparatory committee for the Provisional Constitution was formed on July 20, 1950. On August 15, 1950, the
10:02 Provisional Constitution or UUDs 1950 officially replaced the Constitution of the Republic of Indonesia and returned Indonesia to a unitary state with a parliamentary and multi-party system of government. This constitution introduces a unitary state system with the principle of a democratic rule of law. where the executive power is responsible to parliament. On November 10, 1956, President Soekarno formed the Constituent Assembly of the Republic of Indonesia, a body tasked with drafting a permanent Indonesian constitution. Because the constitution used at that time
10:48 was still in effect temporarily, namely the 1950 Constitution. But the constituent assembly that had been formed was still unable to produce a decision to formulate a new and permanent state foundation. Then the constituent assembly was dissolved on July 2, 1959. [Music] On July 5, 1959, President Soekarno issued a decree returning the 1945 Constitution as the constitution of the Indonesian state. In addition, with the issuance of this decree, the government system in Indonesia also changed from parliamentary to presidential, which is
11:33 more centralized in the power of the president. After a long time had passed, President Soekarno was replaced by Pak Harto. The New Order government lasted for 32 years. There has been no change at all in the Indonesian Constitution. It was only after the reformation events in 1998 and the end of the New Order government that the Indonesian Constitution was amended. The first amendment was on October 19, 1999. The main objective of the first amendment was to limit the President's authority and strengthen the position of the DPR as a
12:20 representative body of the people. Several articles that were amended included articles 5, 7, and 9. The second amendment was made on August 18, 2000. The second amendment strengthened human rights and clarified regulations regarding state territory and regional government, including the addition of a chapter on in- depth human rights. The third amendment dated November 10, 2001. The third amendment focuses on improving the constitutional system of state institutions and relations between state institutions as well as provisions regarding general elections. The fourth amendment was made on August 10, 2002.
13:09 In this fourth amendment, changes to the 1945 Constitution focused on provisions on state institutions, the elimination of the Supreme Deliberation, and improvements to provisions on education, culture, and the economy. [Music] Along with the changes that have occurred in our constitution, Indonesia now has a Constitutional Court, which is an institution that was formed to guard and interpret the constitution. If you want to know more details, watch this video, okay? [Music] The Constitution is a very
13:55 important foundation to be used as a reference for making laws, legal basis, governance and social life to ensure that the country runs in accordance with the principles of the rule of law and democracy. Changes and adjustments made throughout history show that the Indonesian constitution can develop according to the needs of the times. Well, our constitution also regulates the order of legislation, Bini Friends, which is based on Law Number 10 of 2004. Where the 1945 Constitution or UUD 1945 is the highest regulation in our legislation. Followed by government regulations
14:40 in lieu of laws or Perpu, government regulations or PP and so on. This means that all regulations made by the government, whether laws, government regulations, or regional regulations, must refer to the 1945 Constitution. So, you can't just make regulations that aren't in the 1945 Constitution. The Constitution is not just a legal document, Beni's friend, but the foundation of all aspects of national life. We don't need to memorize all the articles in the 1945 Constitution. enough to understand and appreciate it. We can play an active role in ensuring that this country is run by the government on the right track. Thank you for
15:26 watching, Beni's friend. See you in the next learning video. Yeah.
