Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, MALAPY 2022, 28 May 2022, Tegal, Indonesia

Research Article

Urgency of Amendment The 1945 Constitution in Realizing Consolidation of Democracy in Indonesia

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  • @INPROCEEDINGS{10.4108/eai.28-5-2022.2320347,
        author={Arifudin  Arifudin and Susi Dian Rahayu},
        title={Urgency of Amendment  The 1945 Constitution in Realizing Consolidation of Democracy in Indonesia},
        proceedings={Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, MALAPY 2022, 28 May 2022, Tegal, Indonesia},
        publisher={EAI},
        proceedings_a={MALAPY},
        year={2022},
        month={8},
        keywords={amandment consolidate democracy democratization},
        doi={10.4108/eai.28-5-2022.2320347}
    }
    
  • Arifudin Arifudin
    Susi Dian Rahayu
    Year: 2022
    Urgency of Amendment The 1945 Constitution in Realizing Consolidation of Democracy in Indonesia
    MALAPY
    EAI
    DOI: 10.4108/eai.28-5-2022.2320347
Arifudin Arifudin1, Susi Dian Rahayu2,*
  • 1: Faculty of Law, Universitas Islam Assyafiyah
  • 2: Faculty of Social and Poiltical Science, Universitas Islam 45 Bekasi
*Contact email: susidianrahayu@gmail.com

Abstract

One of the important reform agendas is to create a democratic country. The 1998 reformation was the initial phase of democratization in Indonesia, one of which was marked by changes to the constitution, namely the amendments to the 1945 Constitution which were carried out by the MPR. The amendments of 1945 Constitution were carried out with the aim of accelerating the democratization process in Indonesia and realizing a consolidated democracy. This study analyzes the urgency of the amendment to the 1945 Constitution in realizing the consolidation of democracy in Indonesia. The theory used in this research is Dahl's constitutional theory and Larry Diamond's theory of Consolidated Democracy with a juridical normative approach. The results of this study are that fundamentally the amendments to the 1945 Constitution have been in accordance with the ideals of democracy, but problems arise in practice and implementation, there are still some basic problems in the 1945 Constitution that must be changed in order to create a consolidated democracy. The things that must be changed include, among others, the addition of the Basic Principles of State Policy in the 1945 Constitution, the arrangement of the authority of the MPR and the arrangement of the authority of the DPD.