Selasa, 16 Oktober 2012

History of the 1945 Constitution

To know more about the policy directions of law in Indonesia, of course, we need information about the history of the 1945 Constitution, which occurred in the past. Here is the data that we gather from wikipedia.
The period of validity of the 1945 Constitution August 18, 1945 - December 27, 1949In the period 1945-1950, the 1945 Constitution was not fully implemented because Indonesia was preoccupied with the struggle for independence. Notice No. X Vice President on October 16, 1945 decided that KNIP handed legislative powers, as MPR and DPR has not been established. Dated 14 November 1945 Semi-formed Cabinet Presidensiel ("Semi-Parliamentary") of the first, so this event is a change in the system of government in order to be more democratic.
Constitutional validity period RIS 1949 December 27, 1949 - August 17, 1950At this time Indonesia was a parliamentary system of government. Form of government and shape the country in which the federation is made up of states that each state has its own sovereignty to take care of its own affairs.
1950 Provisional Constitution Period August 17, 1950 - July 5, 1959At this time Indonesia was a parliamentary system of government.
Period of return to the 1945 July 5 1959 to 1966Because of the political situation in the Constituent Assembly in 1959 where many tug mutual interests of political parties that failed to produce a new constitution, then on July 5, 1959, President Sukarno issued Presidential Decree which one it reinstated the 1945 Constitution as the basic law, replacing Law While the 1950 Constitution in force at that time.
At this time, there are many irregularities of the 1945 Constitution, including:- The President shall appoint the Chairman and Vice Chairman of the MPR / DPR and MA as well as Vice Chairman of the DPA as Minister of State- MPRS set Sukarno as president for life- Revolt of the Communist Party of Indonesia through September 30th Movement, the Communist Party of Indonesia
Period 1945 the new order March 11, 1966 - May 21, 1998During the New Order (1966-1998), the Government has said it will run the 1945 Constitution and Pancasila genuine and consistent. But apparently deviate from the implementation of Pancasila and the 1945 Constitution were pure, especially violations of Article 23 (payable Conglomerate / private debt burden of the people made Indonesia / public debt) and 33 of the 1945 Constitution which gives power to private parties to destroy our forests and sumberalam.
During the New Order, the 1945 constitution was also a "sacred", between through a number of rules:- Decree No. I/MPR/1983 which states that the Assembly is determined to defend the 1945 Constitution, was not willing to make changes to it- Decree No. IV/MPR/1983 about the referendum among other things, that if the Assembly wishes to change the 1945 Constitution, must first ask the opinion of the people through a referendum.- Act No. 5 of 1985 on the referendum, which is an implementation of the TAP MPR No. IV/MPR/1983.
Period May 21, 1998 - October 19, 1999During this period, known as the transition period. That period since President Suharto was replaced by BJ Habibie to release East Timor Province of the Republic of Indonesia.
The period of the 1945 AmendmentsOne of the demands of the Reformation in 1998 was the revision (amendment) of the 1945 Constitution. Background to the changing demands of the 1945 Constitution in part because during the New Order, the highest authority in the hands of the Assembly (and in fact not in the hands of the people), enormous power to the President, the chapters are too "flexible" (so as to give rise to multiple interpretations ), and the fact the formulation of the 1945 Constitution of the spirit that state officials have not adequately supported the constitutional provisions.
Purpose of the 1945 changes to the time it is perfecting the basic rules such as the order of the state, sovereignty, human rights, power sharing, the existence of democracy and the rule of law, and other matters in accordance with the development aspirations and needs of the nation. The 1945 changes to the agreement which did not change the 1945 Constitution, while maintaining state structure (staat structuur) unity or later better known as the Republic of Indonesia (Republic of Indonesia), as well as reinforce the presidential system of government.
In the period 1999-2002, the 1945 Constitution had 4 times the changes (amendments) are set out in the General Assembly and Annual Session of the Assembly:- General Session, 1999, on 14-21 October 1999 → 1945 First Amendment- 2000 MPR Annual Session, 7-18 August 2000 → Second Amendment to the 1945 Constitution- 2001 MPR Annual Session, on 1-9 November 2001 → 1945 Third Amendment- 2002 MPR Annual Session, on 1-11 August 2002 → 1945 Constitution of the Fourth Amendment

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