NEGARA HUKUM INDONESIA: DEKOLONISASI DAN REKONSTRUKSI TRADISI
Abstract: The research will
examine the discourse of Pancasila-based constitutional state and the relevance
in Indonesia’s life after the amendments to the 1945 Constitution of Indonesia.
The research uses a normative legal approach combined with a material-based
analysis. The result shows that the founding fathers accepted the concept of
Rechtsstaat, but they changed the basis of social-economy from liberal economic
system into planned economic system. The change was made by expediting the
process of social-economy decolonization and tradition reconstruction; as a result,
the constitutional state of Indonesia exists on the basis of welfare state and
Indonesian legal traditions. The aims are not only to ensure legal certainty
for economic business but also to provide justice and welfare for all citizens.
Although it was unclearly stated that the amendments to the 1945 Constitution
of Indonesia rejected the free trade economic system, it has eliminated GBHN as
the instrument to implement the planned economic system as regulated in Article
33 Verse (1) of the 1945 Constitution of Indonesia. Consequently, the economic
system tends to move towards the free trade system, which is parallel to the
concept of liberal-constitutional state and principally against the values of
Pancasila that aim to grant social justice for all Indonesian citizens.
Penulis: Aidul Fitriciada
Azhari
Kode Jurnal: jphukumdd120371
