Peran dan Fungsi UUD 1945 dalam Sistem Hukum Indonesia

The 1945 Constitution of Indonesia, commonly known as UUD 1945, stands as the bedrock of the Indonesian legal system. It serves as the supreme law of the land, shaping the framework for governance, defining the rights and responsibilities of citizens, and establishing the fundamental principles that guide the nation's legal system. This article delves into the crucial role and functions of UUD 1945 in the Indonesian legal system, exploring its impact on various aspects of national life.

The Foundation of Indonesian Law

UUD 1945 serves as the cornerstone of the Indonesian legal system, providing the foundational principles and structures upon which all other laws are built. It outlines the fundamental principles of the state, including its sovereignty, form of government, and the distribution of powers among different branches of government. The constitution also defines the basic rights and freedoms of citizens, ensuring their protection under the law. This foundational role of UUD 1945 ensures consistency and coherence within the legal system, preventing the enactment of laws that contradict its fundamental principles.

Guiding Principles for Legislation

The UUD 1945 provides a set of guiding principles that inform the process of legislation in Indonesia. These principles ensure that all laws enacted by the legislature are consistent with the constitution's fundamental values and objectives. For instance, the constitution mandates that all laws must uphold the principles of justice, fairness, and equality. This principle guides the legislature in crafting laws that promote social harmony and protect the rights of all citizens. Furthermore, the constitution requires that all laws be in accordance with the principles of Pancasila, the five principles that form the philosophical foundation of Indonesia.

Judicial Review and Constitutionalism

UUD 1945 establishes the principle of judicial review, empowering the Constitutional Court to review the constitutionality of laws and government actions. This mechanism ensures that all laws and actions remain within the bounds of the constitution, preventing any infringement on fundamental rights or the abuse of power. The existence of judicial review strengthens the rule of law in Indonesia, ensuring that the constitution serves as the ultimate authority in the legal system.

Protection of Fundamental Rights

UUD 1945 guarantees a wide range of fundamental rights to all citizens, including the right to life, liberty, and security of person; the right to freedom of expression, religion, and association; and the right to equality before the law. These rights are enshrined in the constitution to ensure that the government cannot arbitrarily infringe upon the freedoms and dignity of individuals. The constitution also provides mechanisms for the protection of these rights, including the right to petition the government and access to justice.

Shaping the Indonesian Legal System

The UUD 1945 has played a significant role in shaping the Indonesian legal system, influencing the development of various legal institutions and processes. The constitution has been amended several times to adapt to changing social and political realities, reflecting the dynamic nature of the legal system. These amendments have addressed issues such as decentralization, human rights, and the role of the judiciary. The ongoing evolution of the legal system under the framework of UUD 1945 demonstrates its adaptability and relevance in the modern era.

In conclusion, the 1945 Constitution of Indonesia plays a pivotal role in the Indonesian legal system. It serves as the foundation of the legal system, providing guiding principles for legislation, ensuring judicial review, protecting fundamental rights, and shaping the overall development of the legal system. The UUD 1945 remains a vital instrument in upholding the rule of law, promoting justice and equality, and safeguarding the rights and freedoms of all citizens in Indonesia.