从宪法和宪政主义的角度探讨印度尼西亚的权力限制问题

Erham Erham*, Aman Ma’arij, Gufran Gufran
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引用次数: 0

摘要

本研究的目的是描述宪法这一最重要的法律文件。宪法对于每个民族和国家来说都是非常重要的规则,无论是独立已久的民族和国家,还是刚刚获得独立的民族和国家。由于国家是一个包含大量人口的权力组织,因此有必要建立一个控制系统(有效的限制系统)。这是通过法律(成文法和不成文法,即宪法或基本法)来实现的。这种研究方法就是法律研究。本文是从宪法和基本宪法学的角度对限制国家政府权力问题进行研究的成果。在以宪政民主为基础的国家,如印度尼西亚共和国,有关限制权力的论述是不可或缺的一部分,在这些国家,宪法实际上是规范和控制权力的工具或手段。他的主张后来成为名言,其内容如下"拥有权力的人往往会滥用权力,但拥有无限权力的人一定会无限地滥用权力(权力趋于腐败,但绝对权力绝对腐败)。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Diskursus Pembatasan Kekuasaan di Indonesia Dalam Perspektif Konstitusi dan Konstitusionalisme
The purpose of this research is to describe the constitution as the most important legal document. The constitution is a very important rule for every nation and state, both those that have been independent for a long time and those that have just gained their independence. Because the state is an organization of power that includes a very large number of people, it is necessary to have a system of control (an effective system of restrictions). This is done through law (both written and unwritten, namely the constitution or basic laws). This research method is legal research. This article is the result of research on the issue of limiting the power of state government in terms of the constitution and the underlying constitutionalism. The discourse regarding limiting power is an integral part in countries that base themselves on constitutional democracy, such as the Republic of Indonesia, where the constitution actually acts as an instrument or means for regulating and controlling power.The idea that government power needs to be limited because the State is run by humans and that humans are without exception inherent in many weaknesses. His proposition which later became famous reads as follows: "humans who have power tend to abuse that power, but humans who have unlimited power will certainly abuse it in an unlimited way (power tends to corrupt, but absolute power corrupts absolutely)
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