CD Tesis

Konsepsi Unamendable Provision Pada Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Sebagai Upaya Membatasi Kekuasaan Perubahan Konstitusi Di Indonesia

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In the 1945 Constitution of Indonesia, there is an exception to amending certain substances in the constitution known as the term unamendable provision. This provision is contained in the Preamble and Article 37, paragraph 5, which specifically states that the form of the unified state of the republic cannot be changed. In practice, the refusal to amend certain provisions of the 1945 Constitution also exists in the provisions on the term limits of the president and vice president as set out in Article 7 of the 1945 Constitution. This study aims to assess the term limit of the President and Vice President as an unamendable provision as well as to develop the conception of unamendable provisions on the term limit of the President and Vice President in Indonesia.
This research uses normative jurisprudential research methods based on historical and conceptual legal approaches. The sources of data used by the authors are based on secondary data and primary legal material, secondary material, and tertiary legal materials. As for the data analysis, the author analyzes the data deductively.
The results of the research show that the concept of unamendable provision can be applied to the term limit as regulated in Article 7 of the 1945 Constitution. It is judged constructively by the political forces built on the principle of limitation of power in terms of time against the provisions of periodization of the office of president and vice president. Furthermore, the conception of unamendable provisions on the term limit of president and vice president can be developed through the explicit declaration in the text of 1945 Constitution that the provisions for the term limit of president and vice president cannot be changed. If an amendment is difficult to make, the conception of an unamendable provision can also be developed through an interpretation of the constitution by stating that the interpretation against Article 7 of 1945 Constitution must not change the meaning already established by the constitution maker.
Keywords: Unamendable Provision, Amendment, Term Limit.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

2010247413

Penerbit

Pekanbaru : Universitas Riau – Pascasarjana – Tesis Ilmu Hukum., 2023

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

2010247413

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

ILMU HUKUM

Info Detail Spesifik

Penulis Tidak Melampirkan File Lampiran

Pernyataan Tanggungjawab

Jaka

Versi lain/terkait

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