WATAK UUD 1945 DALAM KERANGKA TRANSISI KE DEMOKRASI Dl INDONESIA

Isharyanto Isharyanto

Abstract

Constitution is the supreme law ofthe land and become the highest law in the legal systemofa nation. The conservative study explaining that the function ofthe 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 periodewhen a state changes from theĀ  utharitarianism to democra tization. In order to get the newperspective related with study ofthe 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 manynorms that exchange 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, thathave amanded by People'sConsultative Assembly (MPR) show the multicharacter as a critical, restorational, and residual constitution. The are many factors be influenced in the transitional process in Indonesia.

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