SISTEM PEMERINTAHAN MENURUT UUD 1945 ASLI DAN HASIL PERUBAHAN

Abstract

The Indonesian Constitution, the 1945 Constitution (UUD 1945), has undergone fundamental changes through four amendments between 1999 and 2002. These amendments significantly transformed Indonesia's system of government, from a presidential system dominated by the executive to a purely presidential system with a more balanced checks and balances mechanism between state institutions. This study aims to analyze the system of government under the 1945 Constitution before and after the amendments, and to assess its implications for state governance practices in Indonesia. The method used is normative juridical with a comparative constitutional approach. The results indicate that the original 1945 Constitution gave the President a very strong position, resulting in a tendency towards authoritarian practices. After the amendments, the legislative function was strengthened, new institutions (such as the Constitutional Court and the Regional Representative Council) were established, and presidential term limits were imposed. However, the implementation of the post-amendment system of government still faces challenges in the form of political conflict between state institutions and weak oversight.