Constitutional Forms
Constitutional Forms
Constitutional Forms – In KC Wheare’s book “Modern Constitution” (1975) states the form constitution are as follows :

A. The constitution is written and the constitution is not in written form (written constitution and unwritten constitution);

  • Constitution Written, is a constitution that is placed in a certain text. There are several advantages of the constitution, namely:
  1. The state organization can be guaranteed, in the sense that it does not change at any time so it is not subject to the will of certain people.
  2. There are certain guidelines for further development. For example, in an article or chapter, development is usually returned to a certain norm.
  • Constitution Unwritten, is a constitution that is not placed in a certain text. However, there are also some drawbacks to the absence of a script (unwritten constitution). For example, in determining who has the authority to determine that a new habit in society is a new law. Since there is no specific text, how can we know of any new circumstances that contradict that text. In England this is solved in giving power to parliament which is called omnipotence, which is the highest authority in all matters in parliament.

B. Flexible and rigid constitution

  • A flexible constitution is a constitution that has the following main characteristics:
  1. Elastic properties, meaning it can be adjusted easily,
  2. Declaring and making changes is as easy as changing a law
  • A rigid constitution has the following main characteristics:
  1. Has a higher level and degree than the law,
  2. Can only be changed with special/special procedures

C. Constitution of high degree and constitution of not high degree (Supreme and not supreme constitution)

Constitution a high degree, a constitution that has the highest position in the country (the level of legislation). A non-high ranking constitution is a constitution that does not have a position like the first.

D. Constitution of the United States and the Unitary State (Federal and Unitary Constitution)

The form of the state will greatly determine the constitution of the country concerned. In a union state, there is a division of power between the federal (central) government and the states. This is regulated in the constitution. Such a division of power is not regulated in the constitution of a unitary state, because basically all power is in the hands of the central government.

E. Presidential Executive and Parliamentary Executive Constitution

In a presidential system of government (strong) there are characteristics, among others:

  • The President has nominal power as head of state, but also has the position as Head of Government,
  • The President is directly elected by the people or the electoral council.
  • The president is not the holder of legislative power and cannot order elections
Constitution in a parliamentary system of government has characteristics (Sri Soemantri):
  • The Cabinet is headed by a Prime Minister who is formed based on the power that controls the parliament,
  • Cabinet members wholly or partly members of parliament,
  • The President with the advice or advice of the Prime Minister can dissolve parliament and order elections to be held.
Constitution with such characteristics by Wheare called the “Constitution of a parliamentary system of government”. According to Sri Soemantri, the 1945 Constitution is not included in the two constitutions above. This is because in the 1945 Constitution there are constitutional characteristics of a presidential government, there are also features of a parliamentary government constitution. Indonesian government is a mixed system.

References :

  1. (Moh. Kusnardi and Harmaili Ibrahim 1976: 65).
  2. State Science by Prof. H. Daud Busroh, SH was published in Jakarta by the publisher Bumi Aksara in 2009, the sixth edition.