Interrelasi Demokrasi dan Konstitusionalisme dalam Sistem Ketatanegaraan Indonesia Baru
Main Author: | Hidayat, Arif |
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Format: | Article eJournal |
Bahasa: | eng |
Terbitan: |
[ 44 ] JURNAL KONSTITUSI
, 2012
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Online Access: |
http://lib.law.ugm.ac.id/ojs/index.php/jko/article/view/303 |
Daftar Isi:
- The Constitutionalisme existence in Indonesia comes from public agreement (general agreement) of the consensus about staatside, the rule of law and the form of regiminis among majority of people through democratic procedure which have concretationed in constitution as base law representing of written copy about the building idealized by state power in one side and protect basic human right on the other side. For that, constitusionalisme and democratize are not concept for having the character of trade of, but each other be interconected and undoubtedly to expand each other to support in different methods.Constitutionalisme in UUd 1945 after changing to represent confession to principle of the rule of law and constitutionis aranging and limiting power of according to constitusionalsystem, so that law and the itself constitution built and up righted by democratize principles (democratische rechtsstaat), becouse principle of "the rule of law" of sovereignty comes from iyself democracy. Hence, UUD 1945 embracing congeniality that Indonesia is democratiche rechtsstaat and even as constitutional democracy. Thereby there is believe that situsionalism in Indonesiaconstitutional system after modernize of IV UUD 1945. if good democracy quality so quality of their constitution will be good and that way also on the contrary.