A Study on Authoritarian Regime in Indonesia: Perspective of the 1945 Constitution as a Democratic Constitution

• Main Authors: Hotma P. Sibuea, Asmak Ul Hosnah, Clara L. Tobing
• Format: Article
• Language: English
• Published: International journal of multicultural and multireligious understanding 2020-02-01
• Series: International Journal of Multicultural and Multireligious Understanding
• Subjects: authoritarian regime; democratic; constitution
• Online Access: https://ijmmu.com/index.php/ijmmu/article/view/1453

The 1945 Constitution is the foundation of the constitution of Indonesia founded on the ideal of Pancasila that comprehend democratic values. As a democratic constitution, the 1945 Constitution is expected to form a constitutional pattern and a democratic government system. However, the 1945 Constitution has never formed a state structure and a democratic government system since it becomes the foundation of the constitution of the state of Indonesia in the era of the Old Order, the New Order and the reform era. Such conditions bear the question of why the 1945 Constitution as a democratic constitution never brings about the pattern of state administration and democratic government system. The conclusion is, a democratic constitution, the 1945 Constitution has never formed a constitutional structure and democratic government system because of the personal or group interests of the dominant political forces in the Old Order, the New Order and the reformation era has made the constitutional style and the system of democratic governance that cannot be built in accordance with the principles of democratic law reflected in the 1945 Constitution and derived from the ideals of the Indonesian law of Pancasila.