人民在以民主制宪为基础的1945年宪法修改中的作用:未来展望

Muhammad Jamaluddin
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引用次数: 0

摘要

据称,对1945年宪法的修正不符合对民主宪法的期望。事实上,在1945年宪法的四项修正案中,人民的作用非常有限。参与修订过程的人代表了有限数量的群体。顺便说一句,只有那些拥有重要和支配权力的人参与其中。人民也没有参与从一开始的修订过程。因此,人民在修正案中的作用没有得到最佳的发挥。研究结果表明,民众在修宪过程中直接、积极的角色可以增加透明度和公众对政府的信任。人们期望人民更积极响应、更通融、更有抱负和更积极参与,以便在实现印度尼西亚民族理想的过程中使人民的意愿和政府的愿望相匹配。人们的直接和积极作用可以通过传统媒体、印刷媒体和电子媒体以结构化和系统化的方式实现。预期人民的作用将能够加强印度尼西亚的宪法制度和经济、政治、社会和文化稳定,以及印度尼西亚共和国的防务和安全。另外,国民的直接参与也符合宪法裁判所为维护1945年宪法的纯洁性而发挥的“宪法守护者”作用。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Role of the People in the Amendment of the 1945 Constitution Based on Democratic Constitution Making: Future Prospects
The amendments to the 1945 Constitution allegedly are not in line with the expectations of a democratic constitution. In fact, the role of the people in four amendments to the 1945 Constitution was very limited. The people who were involved in the amendment processes represented limited number of groups. Incidentally, only people with important and dominant powers were involved. The people were also not involved from the beginning of the amendment processes. Therefore, the role of the people in the amendments had not been carried out optimally. The results of the study show that the role of the people directly and actively in the amendment could increase transparency and public trust towards the government. The people are expected to be more responsive, accommodating, aspirational, and participatory to give rise to a match between the will of the people and the wishes of the government in the realization of the ideals of the Indonesian nation. The direct and active role of the people can be realized through conventional media, print media, and electronic media in a structured and systematic manner. It is expected that the people’s role will be able to strengthen the Indonesian constitutional system and economic, political, social, and cultural stability, as well as the defense and security of the Republic of Indonesia. In addition, the direct involvement of the people is expected to be in line with the optimization of the role of the Constitutional Court as the ‘guardian of the constitution’ to maintain the purity of the 1945 Constitution.
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