Constitutional Purpose
Constitutional Purpose
Constitutional Purpose – In the Indonesian constitution constitution equated with the Constitution which means a basic regulation that contains all the main and main provisions and is the source of legislation, whether written or not.
In the case of state formation, constitution contains the rules and principles of political entities and lawThis term refers specifically to establishing the national constitution as the basic political principles, the basic principles of law including the formation of structures, procedures, powers and obligations of state government in general, Constitution generally refers to the guarantee of rights to its citizens. The term constitution can be applied to all law which defines the function of state government. The purposes of the constitution are as follows:
  • Limiting the power of the ruler so as not to act arbitrarily means that without limiting the power of the ruler, the constitution will not work properly and the power of the ruler will run rampant and can harm the people as well as control political power.
  • The constitution aims to release the control of power from self-control,
  • Protecting human rights means that every ruler has the right to respect the human rights of others and the right to obtain legal protection in terms of exercising their rights.
  • Guidelines for the administration of the state means that without constitutional guidelines, our country will not stand firmly.

The values ​​contained in the constitution are:

  1. Normative value is a constitution that is officially accepted by a nation and for them the constitution is not only valid in the legal sense (legal), but also actually applies in society in the sense of being effective and implemented in a pure and consistent manner.
  2. Nominal value is a constitution which according to law applies, but is not perfect. This imperfection is because certain articles do not apply / not all of the articles contained in the Constitution apply to all regions of the country.
  3. Semantic value is a constitution that applies only to the interests of the ruler. In mobilizing power, the ruler uses the constitution as a tool to exercise political power.

according to Sri Sumantri The constitution contains 3 main things, namely:

  • Guarantees for human rights and citizens.
  • The constitutional structure of a fundamental nature.
  • Division and limitation of constitutional duties.

according to Miriam Budiarjo, the constitution contains about:

  • State organization.
  • Human rights.
  • Procedure for resolving legal violations.
  • How to change the constitution.

according to Koerniatmanto Soetopawiro, the constitution contains about

  • ideological statement.
  • Division of state power.
  • Human Rights Guarantee
  • Constitutional changes.
  • Prohibition of changing the constitution.
Constitution has a role in a country. So the function of the constitution is as follows:
  1. The constitution functions to limit the government’s power so that there is no arbitrariness carried out by the government so that the rights of citizens are protected and distributed (constitutionalism)
  2. The constitution functions as a birth certificate of a new state.
  3. The constitution serves as the highest source of law
  4. The constitution serves as a means of limiting power
  5. The constitution serves as a national identity and symbol
  6. The constitution serves as a protector of human rights and freedoms of citizens of a country.

Source:

  1. State Science by Prof. H. Daud Busroh, SH was published in Jakarta by the publisher Bumi Aksara in 2009, the sixth edition.
  2. Wikipedia/Constitution

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