Civic Education

CONSTITUTION AND DEMOCRACY AS FOUNDATION OF INDONESIA

Ricky priyatmoko 121314317 Faculty of civil engineering Universitas Atma Jaya Yogyakarta

A.CONSTITUTION Definition of constitution

According to L.J.Apeldoorn constitution can be divided to two. Constitution as only laws that rules the nation. Constitution not only s laws but also contain ideology, aspiration, and political dream, the statement of belief of the nation.

It can be concluded that constitution is a frame work that explain the purpose of the nation and how it run or organize. The shape of constitution in Indonesia is UUD (Undang-undang Dasar). The UUD is classified as the second type of constitution, because in preamble and the main part of the UUD contain all of the spirit and soul pancasila Ideology.

Function of constitution
As the foundation of the nation constitution have several function: As the main law that bound all of the citizens, government, and all of government and citizen institution. As norms and laws that hove to be followed by all aspect in that country. As the source of all product of laws in that nation such as: UndangUndang(UU), Peratutan Pemerintah(PP), Peraturan pengganti UndangUndang(Perpu), etc.

Criteria of democratic constitution

The constitution can be called democratic if the constitution contain principles of the democracy that are: Place the citizens as the main sovereignty of the nation. Power held by majorities and minorities right are certain. Limit power of the government Limit and separate the power of government which included: - Limit and separate the power of government by trias politica -Control and balance in government institution. -Law process. -Election as mean of change of power.

PAGE 1

History of UUD
19may- june 1945
BPUPKI disccused the draft of UUD

22 june 1945 jakarta charter

The constitution draft compromised to islamic class will

18 august 1945 UUD legalized

the compromise aborted

5july 1959 UUD45

The effort to make new constitution fail,indonesia back to UUD45

17august195 0 UUDS'50
Indonesia change back to republic

27december 1949 UUD RIS

The nation chage to be united nations beacause of KMB deals

UUD 1945
The constitution or the UUD which legalized on 18 august 1945 consist of: a. Preamble UUD which consist of four paragraph. b. Main body of UUD which cover 16 chapters, 34 articles, 4 transition articles, and 2 extra articles. c. Official explanation of UUD

PAGE 2

B.DEMOCRACY Definition of democracy

There are several theory about democracy: Abraham Lincoln: governance from people, from people, and for people

Bonger: A form of governance from collectivity that govern itself. International commission of jurist: A form of government where the
citizens exercise the same right-the right to make political decisions-but trough the representatives chosen by and responsible to them through process of free election.

Josefh A Schemer: A form of government where the right to make political

decision is run by citizen by their representative.

Sidney Hook: A form of government where the important decision is direct

or indirectly based on majority vote of adult citizen. From those definition it can be concluded that democracy is a form of government that run by peoples trought their representative to decide political decision.

Constitutional Democracy
By analyzing several type of democracy it can be divided into two, Constitutional democracy and totalitarian democracy. Between two of this, only constitutional democracy is the true democracy. In a constitutional democracy the authority of the majority is limited by laws and institutional means so that the rights of individuals and minorities are respected. This different from totalitarian that have unlimited power and control from its people. It can be concluded that only constitutional democracy that fulfill the requirement of democracy.

PAGE 3

The Criteria of Democracy State

Robert A . Dahl elected official fair election right to elect for all right to be official candidate alternative information free to make asociation Frans Magnis Suseno nation bounded by laws effctive control from people free election principle by majority democratic right is guaranted Sri Sumantri law legalize by representative that elected by people government must be open minority interest must be considered election result can change the government official position

Amin rais
there is participant in decicion making same right in laws fair income distribution right to get an education free of speech, pers,organisation,and religion open information individual freedom teamwork spirit right to protest

G.bingham Powell Jr.

government claim represent all of citizens claim based on competitve election of alternative candidate adult participant as elector and candidate fair general election free of speech, pers,organisation,and forming political party

Characteristic of Constitutional Democracy

From the definition and criteria of democracy country we can see that constitutional democracy have 2 distinct nature: Government that it power limited by constitution (Undang-Undang Dasar). Government that fully under the rule of laws. As reflected in criteria of democracy government that under rule of laws must respect and protect the human right and human dignity of all its citizens.

PAGE 4

Advantage of Constitutional Democracy

Constitutional democracy have several advantage compare to other constitution, there are: Institutionalized peaceful settlement of conflict By democracy the conflict will be settled by negotiation that provided by government Peaceful change in changing society The constitution is open and can be revised by people. Orderly succession of rulers In democracy the ruler will be regularly change and elected by people. Minimum of coercion Democracy respect the right of the minority and their opinion will be considered, so the conflict will be minimum. Acknowledge diversity In democracy the toleration between people will be high. Because the freedom of speech will be guaranteed. Enforce justice Guaranteed science development. Freedom in democracy will make science development without restrain or control from government

Democracy in Indonesia
A. Liberal Democracy (1945-1949) In this system Indonesia constitution form is parliamentary. In this system the power to make decision and forming a cabinet are parliament or representatives. B. Guided Democracy (1959-1965) In this system power focused on the president and political party become less dominant in decisions making. The power of the president become enormous that it interfere with constitution and people right. C. Pancasila Democracy (1965-now) The pancasila democracy are democracy that based on principle of pancasila. In this democracy the principle of pancasila will be enforce, and the laws will guaranteed the right of people, and the abuse of power can be prevented by constitution

PAGE 5

Conclusion
The constitution and democracy that our country have that are Undang-Undang Dasar and Pancasila Democracy are the most suited system for our government and Indonesian people. With these two system the people right and freedom will be guaranteed and the country can lead the people to prosperity and harmony.

Reference
Pasha, H. Musthafa Kamal,Civic Education. Yogyakarta: Citra Karsa Mandiri, [2002], p.69-108 Center for civic education. Constitutional Democracy. [Online]. Available from: http://www.civiced.org/index.php?page=constdem [Accessed 20th September 2013].

PAGE 6