Unamendable Provisions in The 1945 Constitution To Limit The Power Of Constitutional Amendment in Indonesia

Abstract

In Indonesia, there were provisions in the procedure for amending the 1945 Constitution of the Republic of Indonesia that are substantial restrictions that exclude or prohibit changes to certain matters in the constitution, which are called unamendable provisions. The unamendable provision in the 1945 Constitution of the Republic of Indonesia can be found in Article 37, paragraph 5, which specifically states that the form of a unitary state and the republican of government cannot be changed. The focus of the issue that will be examined Is the concept of the unamendable provision applicable to a provision not included in the amendment limits. This research uses normative juridical research with historical and conceptual approaches combined with analytical descriptive studies. The result of the study found that the provision not included in the amendment limits can be considered an unamendable provision constructively.