Nilai dan Norma Konstitusional UUD NRI 1945

Summary

The lecture explains the meaning of a constitution and the central values and norms expressed in the Preamble to Indonesia’s 1945 Constitution.

Meaning of a Constitution

The word constitution is related to terms in several languages, including French constituer, Latin constitutio, English constitution, Dutch constitutie, and German Verfassung. Etymologically, it refers to forming or establishing a state and its foundational rules.

A constitution is a framework of laws that establishes enduring state institutions, defines their functions and powers, and sets out the rights of the people and the relationship between government and the governed. It may be written in a document that can be amended over time, or it may consist of unwritten conventions recognized as constitutional law. Professor Strong is cited as treating “constitution” and “basic law” as equivalent terms.

Four Main Ideas in the Preamble

The lecture describes the Preamble to the 1945 Constitution as expressing four foundational ideas:

1. Unity and protection of the nation The state protects all Indonesian people and the entire territory of Indonesia. It embraces the nation as a whole rather than serving only particular groups or individuals.

2. Social justice The state aims to achieve social justice for all Indonesians. This goal guides the state’s development and the rules it establishes.

3. Popular sovereignty and representative deliberation The constitutional system is based on the sovereignty of the people, democracy, and decision-making through representative deliberation.

4. Belief in God and human dignity The state is founded on belief in One Almighty God and on just and civilized humanity. This idea provides a moral foundation for the state, emphasizing religious devotion and respect for human dignity.

Four Functions of the State

The fourth paragraph of the Preamble identifies four functions of the Indonesian state:

• Protect the Indonesian people and the entire territory of Indonesia.
• Promote the general welfare.
• Educate the life of the nation.
• Contribute to a world order based on freedom, lasting peace, and social justice.

The lecture concludes that the Preamble’s four main ideas and the state’s four functions express philosophical, historical, and religious convictions. They are intended to guide and animate all the articles of the Constitution.

Speakers and Sources

• Mutiara — Host and introducer.
• Professor Budimansyah — Lecturer presenting the topic.
• Professor Strong — Cited in the discussion of the relationship between a constitution and basic law.