Isharyanto, (2006) WATAK UUD 1945 DALAM KERANGKA TRANSISI KE DEMOKRASI DI INDONESIA. Yustisia, 69. pp. 1-13.

[img] PDF - Published Version
Download (66Kb)


    Constitution is the supreme law of the land and become the highest law in the legal system of a nation. The conservative study explaining that the function of the constitution is to give and control the power of state. Its success to discribe in the normal situation but failed to give the information about the function from the constitution in the transition periode when a state changes from the autharitarianism to democra- tization. In order to get the new perspective related with study of the constitutional law, the modern study showed that some characters of the constitution. Some related with the transitional model but the others cases be discribed the various factors in the democratization process. There are three characters of the contitution: critical, restorational, and residual. The critical constitution contained many norms that ex- change the new order government deffirent from the old rezim. The restorational one substance the legal system in oder to come back to the ancient rezime before the otoritariansm condition. Last, the residual one contained the political mechanism as a continued the ancient rezime. In the same frame, the 1945 Constitution, that have amanded by People’s Consultative Assembly (MPR) show the multicharacter as a critical, restorational, and residual constitution. The are many factors be influenced in the transitional process in Indonesia. Keywords: Constitution, transition, and democratization.

    Item Type: Article
    Subjects: K Law > K Law (General)
    Divisions: Fakultas Hukum > Ilmu Hukum
    Depositing User: mr admin 007
    Date Deposited: 21 May 2013 22:01
    Last Modified: 21 May 2013 22:01
    URI: https://eprints.uns.ac.id/id/eprint/813

    Actions (login required)

    View Item