Building Indonesian Democracy That Found With Constitutional Ethics

Suryawati, Nany (2020) Building Indonesian Democracy That Found With Constitutional Ethics. In: Initiative of Thoughts from Indonesia to the World of the Covid 19 Era : Proceeding. Novateur Publication, Maharashtra, India, pp. 112-115. ISBN 978-93-87901-09-4

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A.INTRODUCTION The life of the nation and state in a democratic country like the Republic of Indonesia requires understanding and explanation in its implicit application, because the development of a dignified democracy can be carried out. Derived from a lack of understanding of this dignified democracy, efforts are made to equip future generations with an understanding of ethics and morals in the nation and state, especially in understanding the constitution by using Constitutional Ethics (constitutional ethics). If the constitution is seen as a set of legal rules, there will be an understanding of the rules that must be obeyed without paying attention to how legal theories can be applied in legal practice. The rule of constitutional law is not sufficient to build and sustain a political culture dedicated to rule of law principles and to the principles of constitutional democracy. Therefore, a new principle is needed to improve political behavior in the legal system, among others, as said by James Buchanan (Jimly, 2018) as: "ethics of constitutional citizenship"-constitutional citizenship ethics. Constitutional wisdom in a constitution will not appear if culture and political structures do not exist in the life of citizens. The method of interpreting the constitution, which is the basis for scientific thought, is very much needed to build political support for efforts to foster and maintain the operation of the supervision of political power. Decisions regarding the constitutionality of a norm or act that are final and at the same time binding (final and binding) are only available in the Constitutional Court, as the final interpreter of the constitution, even though all citizens and government officials are supposed to be political rulers, also as interpreter of the constitution, for that we need an understanding of constitutional ethics. The importance or not of a state policy cannot be determined by whether it is included in the text of the constitution of a country. When this constitution is put into practice (constitutioal practices), there will be a wealth of meaning contained in the text of the constitution, even in addition to constitutional practice, which is defined as constitutional law, the presence of law also appears in solving problems that arise in society., as the embodiment of a democratic law state, which places law in the supreme (top) position. A democratic law country has 5 (five) fundamental normative principles (Haryono, 2009), namely: a). Legaliteit principle; b). protection of basic rights; c). the principle of supervision by the judiciary; d). separation of powers; e). democracy; this means that the rule of law is placed in a democratic law state order. To strengthen a democratic rule of law, a Constitutional Reform is needed, namely by making changesto the 1945 Constitution through 4 (four) stages, with the aim of laying a strong foundation for a democratic law state. The constitution, which is the basic law, regulates state functions, both among state institutions, as well as relations between citizens within the state as the holder of power that comes from the people. Sovereignty of the People as the highest source for system of government in the country, so the change in the Constitution is subject to the principle of constitutionalism, that the sovereignty of the people was carried out according to legal provisions. Therefore, it is necessary to have a procedure for the implementation of people's sovereignty, and also a forum to contain these regulations; this is what gives the importance of a constitution in a democratic rule of law. To carry out a constitutional reform, it can take a legislation process and legislation reform, which is not only aimed at setting things alone, but also adjusting a n rule-set a n that have been there before, resulting in legal reform manifestation of the process better, more dignified, change made mandatory notice ethics constitution.

Item Type: Book Section
Subjects: K Law > K Law (General)
L Education > L Education (General)
Divisions: Fakultas Hukum > Prodi Ilmu Hukum
Depositing User: Bagian Pengolahan
Date Deposited: 08 Jan 2021 07:38
Last Modified: 13 Apr 2023 09:56

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