WATAK UUD 1945 DALAM KERANGKA TRANSISI KE DEMOKRASI DI INDONESIA
SARI: 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 the 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.
Keywords: Constitution, transition,
and democratization
Penulis: Isharyanto
Kode Jurnal: jphukumdd060003
