Periodisasi Pemberlakuan UUD di Indonesia

Summary

The video discusses the stages of constitutional development in Indonesia, from the enactment of the 1945 Constitution (UUD 1945), through the periods of the 1949 RIS Constitution, the 1950 Provisional Constitution (UUDS), and the return to UUD 1945 following President Soekarno's 1959 decree. It highlights key events like Indonesia’s fight for sovereignty, the establishment of democratic processes, and the evolution of government structures. The discussion also emphasizes the importance of checks on government power to prevent authoritarianism and the central role of democratic institutions in Indonesia's political history.

Takeaways

• 📜 The development of Indonesia's constitution can be divided into four key periods: UUD 1945, the 1949 RIS Constitution, the 1950 Provisional Constitution, and the return to UUD 1945.
• 🇮🇩 The first period, UUD 1945 (18 August 1945 to 27 December 1949), was established shortly after Indonesia's independence to focus on protecting sovereignty, with democratic principles emerging but not fully realized.
• 🗳️ In 1949, Indonesia adopted the Constitution of the Republic of Indonesia States (RIS), marking a federal system, but aspirations for a unified nation persisted, leading to its dissolution by 1950.
• ⚖️ The 1950 Provisional Constitution introduced a parliamentary system and returned Indonesia to a unitary state, but political instability led to seven cabinet changes between 1950 and 1959.
• 👥 The Constituent Assembly failed to draft a permanent constitution, leading President Sukarno to issue the 1959 Presidential Decree, reinstating the original UUD 1945 and dissolving the Assembly.
• 🗞️ Under the UUD 1945, the press and political parties played a vital role in fostering democracy, with freedoms for assembly and the formation of political parties widely recognized.
• 🔄 Minor changes were made to the UUD 1945 over time, such as renaming terms (e.g., 'Basic Law' became 'Constitution'), but no significant amendments occurred until the 1999–2002 reforms.
• 💬 The UUD 1945, drafted under pressing conditions, had temporary status initially, as highlighted by key figures like Sukarno and Muhammad Yamin.
• 🌍 After the dissolution of RIS, Indonesia returned to being a unitary state on 17 August 1950, though political turbulence continued with frequent government changes.
• 📝 President Sukarno's 1959 decree re-established the UUD 1945, citing its significance in aligning with Indonesian cultural and ideological values, as well as ensuring effective governance.

Q & A

What are the different periods of Indonesia's constitutional development mentioned in the transcript?

The constitutional development of Indonesia is divided into several periods: (1) UUD 1945 (1945–1949), (2) The Constitution of RIS (1949–1950), (3) UUDS 1950 (1950–1959), and (4) UUD 1945 after amendments (1959–present).

Why was the UUD 1945 initially considered temporary?

The UUD 1945 was considered temporary because, according to Soekarno and Muhammad Yamin, it was designed to meet the urgent needs of the time, especially to maintain independence and sovereignty, but it lacked completeness.

What changes were made to the UUD 1945 after it was first implemented?

Minor changes were made to the UUD 1945 after its implementation, such as the term 'basic law' being replaced with 'constitution,' and the introduction of provisions for amending the constitution, which were absent initially.

What events led to the transition from the UUD 1945 to the Constitution of RIS in 1949?

The transition occurred due to the handover of sovereignty from the Netherlands to the Republic of Indonesia Serikat (RIS) on December 27, 1949. The UUD 1945 continued to apply in the Republic of Indonesia, while the new RIS constitution governed the federal system.

Why was the UUDS 1950 introduced, and what was its significance?

The UUDS 1950 was introduced after the dissolution of the RIS system in response to the growing demand for a return to a unitary state. It was designed as a temporary constitution until a permanent one could be drafted by a Constituent Assembly.

What led to the reimplementation of the UUD 1945 in 1959?

The reimplementation of the UUD 1945 was prompted by political instability under the UUDS 1950, including frequent cabinet changes and the Constituent Assembly's failure to draft a new constitution. President Soekarno issued a decree on July 5, 1959, to return to the UUD 1945.

What powers did the President hold after the 1945 UUD was reinstated in 1959?

After the 1945 UUD was reinstated in 1959, the President, Soekarno, held significant powers, acting as both the head of state and government, essentially controlling the executive, legislative, and judicial branches under the guided democracy model.

What are the key components of the UUD 1945, according to the transcript?

The key components of the UUD 1945 include (1) the preamble, (2) the body with 15 chapters and 37 articles, and (3) a transitional section with additional provisions. The text also serves as a framework for the country's democracy and governance.

What role did the KNIP (Indonesian National Committee) play under the UUD 1945?

The KNIP served as a legislative body during the transitional period before the formation of the People's Consultative Assembly (MPR) and the House of Representatives (DPR), helping guide national policies and political developments.

What were the main reasons behind the failure of the Constituent Assembly to produce a new constitution?

The Constituent Assembly failed to produce a new constitution due to political divisions, especially between those favoring a return to the UUD 1945 and those seeking to establish a new democratic framework. This deadlock led to Soekarno's decree reinstating the UUD 1945.