Constitutional Structure of Indonesia Based on 1945 Constitution before and after Amendments
Journal Title: International Journal of Academic Research in Business and Social Sciences - Year 2019, Vol 8, Issue 9
Abstract
Article 1 (3) of the 1945 Constitution states that "Indonesia is a country of law." The provision of the article is a constitutional basis that Indonesia is a state based on law. Law is placed as the only rule in the life of society, nation, and state (supremacy of law). Before the amendment of the 1945 Constitution, Indonesia is a country based on law, contained in the preamble, the 1945 Constitution body. A statement that Indonesia is a country of law can also be seen in the 1945 explanation. Applicability of 1945 before and after the amendment is followed by different constitutional structure, which will give different meaning as a based on law state. In Continental European legal systems, rechtsstaat legal state building is known. Meanwhile, other parts of the world, the concept of the rule of law state extracted from Anglo Saxon states. Both laws state models prioritize different aspects. Rechtsstaat concept prioritizes wetmatigheid principles which later becomes rechtmatigheid. Meanwhile, the rule of law prioritizes equality before the law. Due to differences in emphasis in these operations, there arose the different elements between rechtsstaat concept and the rule of law concept.
Authors and Affiliations
Bambang Panji Gunawan, Abdul Majid Tahir Mohamed, Mahbub Dhofir, Amrizal Hamsa
A Critical Assessment of Z.A Bhutto’s Policies (1973–1977)
When Zulfiqar Ali Bhutto ascended to power in Pakistan, the country was in its critical phase of economic deterioration. He, in fact, had to face multidimensional challenges from all directions simultaneously. An extreme...
Investigating the Effectiveness of Mortgage Demand and the Significant Level of the Changes: Evidence from the Intervention of the Financial Crisis
This paper aims at assessing the effectiveness of mortgage loan in order to assess the claims made by the customers regarding mortgage demand resulting from the financial crisis. Multiple method of data collection was us...
The Influence of Competitive Remuneration, Comprehensive Training Program and Organizational Brand Factors on Students' Internship Placement Selection
This research is aiming to have an unconventional and valid reason for choices towards the placement; by accessing factors that influence students choosing their internship placement. The study focuses on hospitality stu...
Ownership Structure and its Endogeneity Effect on the Quality of Financial Reporting
The study aims to examine the effect of ownership structure on the quality of financial reporting (QFRs). It examines ownership concentration and individual investors both foreign and local. Ownership concentration endog...
The Demeanor of the Asnaf after Applying for Zakat at the Zakat Management Center under the Council for Islamic Religion and Malay Customs of Terengganu
The demeanour of the asnaf is one of the reasons the asnaf are late in receiving zakat assistance from the Zakat Management Centre (ZMC) under the Council for Islamic Religion and Malay Customs of Terengganu (MAIDAM). Th...