Model Rekonstruksi Tradisi Bernegara dalam Konstitusi Pasca Amandemen UUD 1945

Abstract

The research focuses to investigate the ideas of reconstruction of constitutional tradition among the founding father of Indonesia and its development in practices before and after the amendment of the Indonesian Constitution. Based on documentary or normative research, the research finds that there are two pattern of reconstruction of tradition in Indonesia, which is used as model for reconstruction of tradition in the constitution, namely the absolute particular and the relative particular. Historically, before the amendment of the Indonesian Constitution, the reconstruction of tradition was practiced based on absolute particular model, while after the constitutional amendment tends to reject to reconstruct the tradition at the national structure but recognize the tradition at local structure. Generally, it can be concluded that the amendment of the Indonesian Constitution does not have an obvious pattern of reconstruction of tradition. It contradicts with the original meaning of the founders that obviously believed tradition as a basic to create a national constitutional system. Comparatively, Malaysia has been practicing reconstruction of tradition based on particular relative model by apply the perpatih tradition, which is originated from Minangkabau tradition. The perpatih tradition is a democratic tradition, which applied in Negeri Sembilan, Malaysia. Based on the perpatih tradition, the Yang di-Pertuan Besar as the monarch of Negeri Sembilan should be elected by the four of Undangs. The founders of Malaysia have applied the perpatih tradition in the Malaysian elected monarch system to choose the Yang di-Pertuan Agong as the monarch of Malaysia for a five-year term. This point out that Malaysia reconstructs the tradition in national and local structure.