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The Development of Constitutional Law in Indonesia

Adam Ilyas

Founder

09 Mar 2023 · 13:51 09 March 2023 13:51 WIB 5 minutes reading time: 5 minutes 17 read

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Learn about the development of Indonesian constitutional law.

The Development of Constitutional Law in Indonesia

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Table of Contents

Introduction
Pre-Independence Era
Independence Era
Liberal Democracy Era
Old Order Era
New Order Era
Changes in the System of Government
Restrictions on Human Rights
Reformation
Constitutional Changes
Development of the System of Government
Improvement of Human Rights
Conclusion: Development of Indonesian Constitutional Law
Frequently Asked Questions
What is Indonesian constitutional law?
What is the difference between the 1945 Constitution and the 1950 Constitution?
What is the influence of constitutional law on society?
How is the 1945 Constitution amended?
How is constitutional law developing today?

Section 2/3: Liberal Democracy Era

Liberal Democracy Era

During this period, Indonesia implemented a liberal democratic system of government regulated in the RIS Constitution (Republic of the United States of Indonesia) which was ratified in 1949. The RIS Constitution regulated the formation of a federal state and the division of authority between the central and regional governments. However, this system of government did not work well because there were disputes between the central and regional governments.

Old Order Era

During the Old Order period, which began in 1959, Indonesia implemented a presidential system of government as stipulated in the 1950 Constitution. This system of government strengthened the role of the president as the centralistic head of state and government. During the Old Order period, there were also restrictions on human rights and violations of civil liberties.

New Order Era

Changes in the System of Government

During the New Order era, Indonesia implemented a very centralized and authoritarian presidential system of government. This system gave enormous power to the president and state institutions under his control. In addition, the government also implemented the Dwifungsi ABRI system, which integrated the TNI and Polri into state political activities.

Restrictions on Human Rights

During the New Order era, there were restrictions on human rights and violations of civil liberties. The government often used violence and intimidation to suppress criticism from the public or opposition groups. In addition, there were also violations of land and environmental rights.