PANCASILA, THE 1945 CONSTITUTION, UNAMENDABLE ARTICLES

Nallom Kurniawan¹, Luthfi Widagdo Eddyono²*
¹S.H., M.H., Indonesian Constitutional Court, INDONESIA, nalom.mkri@gmail.com
²S.H., M.H., Indonesian Constitutional Court, INDONESIA, luthfi_we@yahoo.com

Abstract

One of the fundamental changes in the 1945 Constitution is the emergence of articles containing the unamendable constitutional norms, namely Article 37 Paragraph 5 of the 1945 Constitution which reads, " Particularly regarding the form of the Unitary State of the Republic of Indonesia no amendment can be made." What is interesting to ask is why the "Unitary State of the Republic of Indonesia" cannot be changed. Why not Pancasila that always mentioned as the basis of the state and should be more critical made as an unamendable constitutional norm. This paper intends to examine the importance of Pancasila in the amendment of the 1945 Constitution, as well as to know why unamendable articles of the constitution such as Article 37 Paragraph 5 of the 1945 Constitution appear in the amendment of the 1945 Constitution. This paper also tries to analyze the position of Pancasila as the state ideology. The result is Pancasila whose narration is in the Preamble to the 1945 Constitution can also be categorized as an unamendable constitutional provision. The Pancasila narrative embodied in the Preamble of the 1945 Constitution, of course, give consequences that the five precepts contained are part of the constitution of the state, although there has apparently been no mention of Pancasila in the 1945 Constitution explicitly as the state ideology or the basis of the state. The absence of any mention of Pancasila in the constitutional text is, of course, one weakness, since the narrative in the Preamble may be interpreted as a common narrative. Thus, any government regime could have made another jargon as the state ideology.

Keywords: 1945 Constitution, Unamendable Articles of the 1945 Constitution, Pancasila