IMPLEMENTATION AND CHALLENGES OF DEMOCRATIC PRINCIPLES IN THE 1945 CONSTITUTION

Abstract

Like other sovereign countries, the discourse on the idea of democracy is a discourse that has experienced a long journey and ups and downs in Indonesia. Based on that, by referring to the 1945 Constitution, this study intends to answer in a normative legal manner how the principle of democracy is implemented according to the 1945 Constitution and what the challenges are. To answer these two main problems, normative legal research was conducted with a legislative approach and a conceptual approach based on doctrines in legal science. Data collection was carried out through document studies or literature studies. The results of the study indicate that the principle of democracy that is to be implemented based on the legal norms of the 1945 Constitution is Pancasila Democracy and/or Constitutional Democracy which prioritizes the supremacy of law and culminates in constitutional democracy (the 1945 Constitution) and Pancasila as the grundnorm which is the source of all sources of law. Or democracy within the framework of a state of law. A country whose governance is based on law is not necessarily automatically a democratic country. If the law does not originate from or reflect the will of the people and is not made for the benefit of the people, then what governs in a constitutional state is no longer the law, but rather power using the law as its tool. "The rule of law" could slip into "the rule by law. This is the biggest challenge for a constitutional democratic state.