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CONSTITUTIONAL LAW
Dr. H. Abustan,S.H.,M.H. Dr. Hamdan Azhar Siregar, S.H.,M.H and Otom Mustomi, S.H., M.H

Jakarta Islamic University


Abstract

Indonesia is a state law that has become an important postulate contained in the constitutional text of the Constitution 1945 of the Republic of Indonesia. That means that Indonesia is committed to state law as an idealized ideology that should always be pursued and / or consistently enforced. This confirms that Indonesia wants law as commander or front guard in solving all problems of life in society, nation and state. Therefore, the position of the constitution in a state law is not only confirms its existence as the basis of the state, but also legitimize the constitution as the highest law strata. Even more than that, the constitution guarantees the rights of citizens, including fulfillment and/or implementation of democratic rights of every citizen. Therefore, normatively Indonesia has a strong fundamental commitment and consensus to develop a state law. That is why the term state law is then "put in" in the Indonesian constitution: as stipulated in Article 1 paragraph 3 of the Constitution 1945 of the Republic of Indonesia which reads "The State of Indonesia is a State Law." After barely practicing for thirty-two years during the authoritarian New Order government, the concept of the "constitutional law" is reiterated in which the constitution was the result of political, economic, social and cultural conditions when the constitution is constructed. The need to realize the constitutional mandate is certainly inseparable from the absence of democratic government efforts in the New Order era. The need for Constitution existence is getting bigger after the post-reformation has taken place over two decades. Thus, as a country that had practiced absolute power for more than three decades and the last two decades has developed a system with strong oversight of the implementation of power based on constitutional ideas, it is an effort to prevent the distributed power from becoming absolutism. It is because, in essence, the function of the constitution is to limit the power of the government in order to realize democratic governance.

Keywords: Constitution, State of Law, Democratization

Topic: Constitutional Law

Link: https://ifory.id/abstract/TaAPqL4QRwcv

Conference: International Conference on Law Reform (INCLAR 2019)

Plain Format | Corresponding Author (H. Abustan)

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