CD Skripsi

Analisis Hukum Pasal 37 Ayat (5) Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Dalam Perspektif Amandemen Terhadap Konstitusi Di Indonesia

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ABSTRACT
The existence of Article 37 paragraph (5) of the 1945 Constitution of the
Republic of Indonesia becomes interesting to be discussed in the academic space
due to its contents which maintain the form of a unitary state as something that
cannot be changed (unmendable provision). The formulation of these norms was
actually inseparable from the historical aspects that colored the mystical
atmosphere (gestlichen hintergrund) at that time, starting from the BPUPKI
session which expressed the views of various figures to the meeting to amend the
1945 Constitution of the Republic of Indonesia which was amended four times
from 1999-2002. Therefore, regarding the form of the state which is basically a
great topic that is debated, it needs sufficient attention both from an academic and
legal perspective. This has become a special interest for the author to conduct
further research on it.
This research is a normative legal research. This is based on library
research which takes quotations from reading books, or supporting books that are
related to the problem to be studied. Primary, secondary and tertiary data sources
are characteristic of this study. This study also uses qualitative data analysis and
produces descriptive data.
From the results of the research conducted, there are several conclusions
obtained, namely: First, the formulation of article 37 paragraph (5) of the 1945
Constitution of the Republic of Indonesia is only a political resultant that can be
changed according to the agreement and will of the wider community. The
interpretation of the constitution that has been carried out has succeeded in
describing that there are various historical and sociological factors in maintaining
the form of a unitary state as the choice of the form of state that we adopt. Second,
the perspective of changing the constitution carries a juridical and theoretical
implication that the term clause that cannot be changed is only a political resultant,
therefore, making it final and absolute and cannot be changed is a violation of the
will of the constitution which is amended based on the will of the people.
Therefore, the history of law becomes the rationale for describing and contextually
explaining why the form of the state cannot be changed. Efforts to amend the
constitution should not recognize the term finality for something that cannot be
changed and contested. This can happen as long as the public wants it.
Keywords: Constitutional Amandement – Unamandable Provision

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1709123041

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Tata Negara., 2022

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1709123041

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM TATA NEGARA

Info Detail Spesifik

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Pernyataan Tanggungjawab

DAUS

Versi lain/terkait

Lampiran Berkas

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