인도네시아 헌법의 특성과 체계

This study analyzes the development and institutional structure of the Indonesian Constitution. Enacted in 1945 as a symbol of independence from colonial rule, the Constitution has served as the foundational legal framework defining national unity and democratic order. Through the 1950 Provisional Constitution, the 1959 Presidential Decree, and four amendments between 1999 and 2002, Indonesia has gradually dismantled authoritarian legacies and institutionalized a democratic constitutional system. At the core of Indonesia's constitutional identity lies Pancasila, a fundamental ideology that mediates the relationship between religion and the state. While acknowledging the faith in the "One and Only God," Pancasila embraces religious diversity and prevents the establishment of a state religion. This constitutional philosophy allows Indonesia—home to the world's largest Muslim population—to maintain a balance between pluralism and secular governance. The Indonesian Constitution establishes a republican state with a presidential system of government, incorporating legislative checks on presidential power. Since democratization, the Constitutional Court has emerged as a central institution safeguarding constitutional order and interpreting Pancasila in light of contemporary democratic values. Through judicial review, electoral adjudication, and human rights jurisprudence, the Court has reinforced constitutionalism by harmonizing religious values, fundamental rights, and national unity. This paper concludes that the Indonesian constitutional experience demonstrates how Pancasila enables the coexistence of religious pluralism and democracy, offering significant insights for understanding constitutionalism in plural and transitional societies.