ABSTRACT

This chapter discusses Indonesia’s constitutions, constitutional transitions, and constitutionalism, covering the constitutions of 1945, 1949, and 1950; the reversion to the 1945 Constitution in 1959; and the overhaul of the 1945 Constitution in 1999–2002. The chapter raises questions about the constitutionality of each transition and the enforceability of each constitution during each constitutional period. It explains that the primary significance of these constitutions has been largely political rather than legal, except after 2003, when Indonesia’s first Constitutional Court was established. This chapter concludes by discussing the Court’s establishment, aspects of its performance, and its overall contribution to constitutionalism.