KONSTITUSI DAN DEMOKRATISASI : Studi tentang Model Penafsiran Konstitusi bagi Pengujian Konstitusional yang Demokratis di Indonesia

Abstract

The constitutional interpretation is an effort to promote democracy in Indonesia that implemented by interpreting the meaning of the idea of freedom in the 1945 Constitution. Nevertheless, during the 1945 Constitution operational periods apparently the interpretation of constitution has not only yield the democratic system, but also implicated to the establishment of the autocratic system. In this research, the emerging of those different constitutional systems is caused by difference of the interpretation perspective, i.e. internal and external perspective. The stronger internal perspective used in operation of the 1945 Constitution interpretation, the stronger its tendency to establish the autocracy system. The stronger external perspective used, the stronger its tendency to the democracy system. Based on those interpretation perspective have been developed originalism, contextualization of fundamental values, and proceduralism as modes of constitutional interpretation that operated based on internal perspective with external perspective influence in two modes latest. While based on external perspective has been developed deconstruction. By the scope of research on three problems, that is the State principle, structure on the State, and human rights, this descriptive-analytical research use normative, historical, and comparative approach and qualitative data collection procedure. This research get the conclusion, that since the first independence period the constitutional interpretation has been worked to promote democracy by using interpretation modes that operated based on external perspective influence, both contextualization of fundamental values, proceduralism, and deconstruction. The same interpretation modes were used after New Order regime, among others to stimulate the amendment of the 1945 Constitution. The use of originalism based on internal perspective during Guided Democracy and New Order periods proved that the interpretation was implicated on the establishment of the autocracy system.