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

Abstract

Constitution interpretation is a kind of efforts that has been exercised since the beginning of the national freedom which is intended to perform democracy based on 1945 Constitution and has been continued along the history of Indonesia until to day. Along this period, there has been expanded perspective and patterns of interpretation which is used to give meaning on the democracy idea imbedded in 1945 Constitution. Constitution interpretation has been done for the first time at the beginning of the freedom presumed as a form of critique on the text of Article IV Transitional Rule of 1945 Constitution which give extra wide authority to the President and of which accompanied with tendency of the President to imply based on original’s understanding. Critique on the text later on rose up patterns of interpretation that change systematically authority relationship among the President and the Central Committee of National Indonesia which at last came to the change of government system from presidential cabinet to parliamentary cabinet. In the context of interpretation that changed the government system, the critique on the text has been changed become external perspective, therefore the meaning of democracy has been untied of the text of 1945 Constitution and wholly refer to justice dimension.