KEDUDUKAN PIAGAMAN JAKARTA: Tinjauan Hukum Ketatanegaraan

Abstract

Jakarta charter is the monumental product for establishing the Indonesian Nation. It has leaded this nation to be independence and established country, with the strong philosophy and foundation. This paper is the consensus result of Islam nationalist leaders and secular nationalist through the long and tight debating in nation establishing. But in this consensus there was a group that did not agree with the statement that “The nation is based on believing to the God with the obligation to carry out Islamic syari’at for Moslem”. This statement was regarded discriminative for the minority non Moslem. Finally, the Moslem leaders have wiped out that statement, though the Jakarta Charter still linked the foundation and constitution of the nation. Presidential Decree July 5, 1955 when Indonesia came back to 1945 UUD stated that Jakarta Charter June 22, 1945 was spirit of 1945 UUD and as the unity link with that constitution. With the strong constitution position, there is obligation for the Moslem and nation to carry out Islamic syari’at that wanted by Jakarta Charter.