Why Is the 1945 Constitution Called the Foundation of the State? Its Position and Function for Indonesia

Why Is the 1945 Constitution Called the Foundation of the State? Its Position and Function for Indonesia

KOMPAS.com - Whenever we speak about Indonesia as a state governed by law, there is one document that always underpins it all. This document is the 1945 Constitution of the Republic of Indonesia, or UUD 1945.

Its name may be familiar to us since school days, but its role extends far beyond mere text. It contains fundamental rules on how the country is run, how power is limited, and how the rights of citizens are protected.

The UUD 1945 serves as a foundation supporting the life of the nation and the state. If the country is likened to a large house, the constitution is the blueprint that determines how that house is built, who holds authority inside it, and how every resident is protected.

Simply put, the Constitution is the basic set of laws that serves as the foundation for all laws and regulations within a country.

The constitution is regarded as the fundamental law that forms the basis of the national legal order and the source of legitimacy for the norms that apply.

That is why the existence of the UUD 1945 concerns not only governmental institutions. It also governs the division of power, the relationships between state institutions, and the interactions between the state and its citizens.

Over time, the UUD 1945 has come to be viewed as a political, economic, and social constitution. This means the rules within provide guidance across various fields of life, not just when the government wields political power.

When we read the UUD 1945 from the beginning, our attention is first drawn to the Preamble. The four paragraphs it contains are not just an introduction to the constitutional articles.

The Preamble includes the journey toward independence, the vision of independence, the nation’s identity, the state’s foundation, and the goals Indonesia strives to achieve.

This section embodies history, sovereignty, the state’s objectives, national identity, and values related to God.

At the end, it sets forth the state’s goals that guide the nation’s life: to protect all Indonesians and the entire homeland, promote public welfare, educate the nation, and participate in world order based on independence, everlasting peace, and social justice.

The constitution holds the highest legal authority. It contains provisions on the state’s objectives, governance organization, the formation and legitimacy of state institutions, including the division and separation of legislative, executive, and judicial powers.

This position makes the UUD 1945 a crucial reference in drafting legislation. With the constitution in place, state power is not exercised without limits. There are frameworks that state officials must follow.

This explains why the constitution is called a legal fortress. It not only grants authority to the state but also acts as a tool to constrain power to prevent arbitrary use.

Unlimited power opens the door for abuse of authority. Therefore, one of the constitution’s important functions is to limit power.