Part #2 Kedudukan, Sifat dan Fungsi #UUD NRI 1945

Dunia Agit - Law School

12 Jul 202006:06

Summary

TLDRThe video discusses the position, characteristics, and functions of the 1945 Constitution within Indonesia's legal system. It emphasizes that the Constitution is the highest legal authority after Pancasila, guiding all governmental actions and laws. Key characteristics include its written nature, flexibility, normative standards, and status as the highest positive law. The Constitution serves crucial functions, such as controlling lower legal norms, regulating state power, and defining the rights and responsibilities of citizens and the state. Ultimately, it underpins the existence of the Republic of Indonesia and is foundational to its governance and national identity.

Takeaways

😀 The 1945 Constitution of Indonesia is the highest legal source after Pancasila.
😀 It serves as the foundational legal framework for all laws and government actions in Indonesia.
😀 The Constitution consists of fundamental rules that guide government operations.
😀 It has four main characteristics: written, concise and flexible, normative, and the highest positive law.
😀 Its written nature means the rules are clear and binding for the government and citizens.
😀 The Constitution is designed to adapt to changing societal conditions.
😀 It functions as a control mechanism to ensure lower laws comply with higher laws.
😀 The Constitution delineates how state power is organized and exercised to maintain balance.
😀 It establishes the rights and obligations of the state, state apparatus, and citizens.
😀 The Constitution is essential for the existence and constitutional governance of Indonesia.

Q & A

What is the position of the UUD 1945 in the Indonesian legal system?
-The UUD 1945 is the highest source of law in Indonesia, following Pancasila, which is the source of all legal sources in the country.
What are the main characteristics of the UUD 1945?
-The UUD 1945 has four main characteristics: it is written, concise and flexible, normative, and it represents the highest positive law.
Why is the UUD 1945 considered a basic law?
-It is considered a basic law because it contains fundamental principles and guidelines for governance, which other laws must adhere to.
How does the UUD 1945 ensure legal compliance?
-It serves as a control mechanism in the legal system, ensuring that lower laws comply with its higher legal norms.
What role does the UUD 1945 play in regulating state power?
-It outlines how state power is structured, divided, and executed, promoting checks and balances among governmental bodies.
What are the functions of the UUD 1945?
-The functions include controlling the legal system, regulating state power, determining the rights and obligations of citizens and the state, and providing a constitutional foundation for governance.
What is the significance of the UUD 1945 for Indonesian citizens?
-It binds all Indonesian citizens and residents, establishing norms and rules that they must follow, ensuring their rights and duties.
How does the UUD 1945 relate to human rights?
-It includes provisions for human rights, indicating that these rights are essential and must be upheld in governance.
What are the implications of the UUD 1945 being the highest law?
-As the highest law, all other laws and regulations must align with the UUD 1945, ensuring a coherent legal framework.
What role does Pancasila play in relation to the UUD 1945?
-Pancasila serves as the fundamental source of law in Indonesia, with the UUD 1945 being derived from and subordinate to it.