√ Definition of Amendments to the 1945 Constitution and Their Functions (Discuss in full)
Definition of Amendments to the 1945 Constitution and Their Functions (Discuss in full) – One of the questions that most Indonesians may still have is whether the amendments to the 1945 Constitution need to be made? Before contemplating the question further, we need to first understand the meaning or definition of an amendment. With this understanding, then we understand the intent and purpose of the amendments to the 1945 Constitution.
Definition of Amendments to the 1945 Constitution and Their Functions (Discuss in full)
Let's discuss the meaning first carefully.
Definition of Amendments to the 1945 Constitution
Literally, amendment comes from English: to amend is defined as making better and removing an error. Furthermore, the amendment is defined as a change for the better and corrects an error. The main amendment is not arbitrary, it is a serious matter. The constitution is the highest rule in the state. If you want to perfect the constitution the only option is amendment.
Amendments must be understood as additions or changes to a constitution which are an integral part of the original text and placed in the relevant document. A further understanding is that amendments are not just inserting new words or things in the text. Amendments are not replacements either. Replacing means making a total change by formulating a new constitution covering basic matters such as changing the form of the state, the basis of the state, and the form of government. In the amendments to the 1945 Constitution, it is clear that there is no intention to change the basis of the Pancasila state, the form of a unitary state, or the presidential form of government.
The commitment that is enforced not to make changes to fundamental matters is the certainty not to make changes to the preamble of the 1945 Constitution. Based on this, it is clear that what must underlie the amendments to the 1945 Constitution is the spirit to perfecting, clarifying, correcting errors, and making corrections to the articles that There is. These actions must not deviate from the basic matters contained in the 1945 Constitution itself.
This description leads us to the conclusion that the purpose of the amendments to the 1945 Constitution is to perfect the existing Constitution so that it remains in line with the times. The amendments made aim to adjust and lead this nation towards better changes in various fields and refer to the interests of the people.
Functions of Amendment to the 1945 Constitution
Our understanding of amendments makes us understand the noble intention behind the amendments to the 1945 Constitution. The 1945 Constitution will always be the basis for and binding on the government, state institutions, community institutions, and also binds every Indonesian citizen wherever they are. As the basic law, the 1945 Constitution contains norms and rules that must be obeyed and implemented by all components that build the country.
The Constitution is not an arbitrary law, but the law that forms the basis or core standard. A written basic law that must remain the foundation of all components of the Indonesian state. Thus every legal product such as laws, government regulations, presidential regulations, or even every action or government policy must be based on and sourced from more regulations tall.
In the end, all of these laws and regulations must be accounted for accordingly with the provisions of the 1945 Constitution whose estuary is Pancasila as the source of all sources of state law. Of course, it is not permissible for a policy issued by the government to only benefit some parties. This is of course very far from the noble formulation of the 1945 Constitution. In such a position, the 1945 Constitution is within the framework of the statutory order or hierarchy of laws and regulations in Indonesia, occupying the highest position.
In this connection, the 1945 Constitution has a very important function as a means of control, in the sense of the Constitution 1945 controls whether lower legal norms conform or diverge with more legal norms tall. Of course, in the end it will be questioned whether these legal norms conflict or not with the provisions of the 1945 Constitution. In addition to these basic functions, the 1945 Constitution also has a function as a guide or reference in the administration of national and state life.
The 1945 Constitution also contains:
- Materials governing the government system, including arrangements regarding position, duties, authority, and relations between state institutions
- State relations with citizens both in the political, economic, social and cultural fields as well as defense and security.
As an affirmation in this discussion, it is also important to summarize the functions of the amendments to accompany our insights in understanding the important functions of the 1945 Constitution.
- Refine the basic rules regarding the state order.
- Refine the basic rules regarding the democratic administration of the state.
- Refine the basic rules regarding the guarantee of people's sovereignty.
- Refine the basic rules regarding the life of the nation and state.
Thus our discussion this time about Definition of Amendments to the 1945 Constitution and Their Functions (Discuss in full), I hope the article above can be useful and add insight to all of us. Thank you 🙂
Also read:
- History of Amendments to the 1945 Constitution
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