DEVELOPMENT OF CONSTITUTIONAL LAW IN INDONESIA

Zainuddin Zainuddin

Abstract


The term constitutional law is also commonly used in the legal lecture literature, where it is known as the term state law, which in fact both terms are translations of the Dutch term staatsrecht. The development of constitutional law in Indonesia starts from customary HTN. During the reign of the Dutch East Indies, the HTN of the Dutch East Indies was in force. When the Japanese occupied Indonesia, what applied was the HTN during the Occupation of the Japanese Army. After Indonesia was proclaimed its independence on August 17, 1945, what took effect was HTN Indonesia (Initial Period of Independence - Validity of the 1945 Constitution in the Republic of Indonesia which was one of the states within the RIS Country - Period of Validity of the 1950 Constitution - Old Order Period - New Order Period - Period Reform Order). The demand for changes in the representation system was followed by the emergence of debates about the general election system (for example between districts or proportional, between open and closed list systems) and parliamentary structure (for example the problem of parliamentary chambers and the existence of the DPD). The demand for a more equitable relationship between the center and the regions is followed by theoretical studies on the form of the state and models for implementing regional autonomy. These demands cover many aspects. The existing regulatory and institutional framework according to the positive Constitutional Law at that time was no longer in accordance with the development of people's aspirations and life.

Full Text:

PDF

References


Asshiddiqie, J. (1997). Teori & Aliran Penafsiran Hukum Tata Negara, Jakarta: Indo Hill-Co.

Kelsen, H. (1961). General Theory of Law and State, translated by: Anders Wedberg, New York: Russell & Russell.

Koto, I. (2021). Perlindungan Hukum Terhadap Korban Tindak Pidana Terorisme, Proceding Seminar Nasional Kewirausahaan, 2 (1).

Koto. I. (2020). “Review Of Criminal Law On The Consumption Of Food And Drug Containing Narcotics And Psychotropics (Analysis Of Decision NO. 17 K/MIL/2016), International Proceeding Of Law & Economics.

Koto, I. (2022). Kebijakan Hukum Terhadap Perbuatan Penggunan Merek Yang Sama Pada Pokoknya, SANKSI: Seminar Nasional Hukum, Sosial dan Ekonomi.

Kusnardi, M. dan Ibrahim H. (1985). Pengantar Hukum Tata Negara Indonesia, cet. 5 Jakarta: Pusat Studi Hukum Tata Negara Fakultas Hukum Universitas Indonesia.

Mertokusumo, S. (1996). Mengenal Hukum; Suatu Pengantar, Yogyakarta: Liberty.

Rahimah & Koto, I. (2022). Implications of Parenting Patterns in the Development of Early Childhood Social Attitudes. IJRS: International Journal Reglement & Society, 3 (2).


Refbacks

  • There are currently no refbacks.