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All Journal Supremasi Hukum: Jurnal Kajian Ilmu Hukum
Udiyo Basuki
Universitas Islam Negeri Sunan Kalijaga
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Dasar Negara dan Hukum Dasar: Suatu Telaahan Yuridis atas Relasi Pancasila dan UUD 1945 Udiyo Basuki
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 8, No 1 (2019): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v8i1.2046

Abstract

The basis of the State is the attitude of life or outlook onlife which is a state philosophy (political philosophy) which isdomiciled as the source of all sources of law or sources oforderly law in a country. Whereas the Basic Law is the basicrules which are used as the basis and source for the applicationof all laws or regulations or legislation in the administration ofa country's government. In the spirit and pace of constitutionaldynamics, Pancasila as the Foundation of the Indonesian Statehas a very close relationship with the Basic Law or theIndonesian constitution, the 1945 Constitution, especially in thiscase with the Preambulation of the 1945 Constitution. Apartfrom the formulation of the Pancasila contained in thePreamble to the 1945 Constitution, the two are inseparable fromeach other, both are also regarded as basic norms, as sources ofpositive law. The basic legal formulation in the articles in theBody of the 1945 Constitution is emanating from the norms inthe Preamble to the 1945 Constitution and Pancasila. Theprinciples of Pancasila are contained in and are part of thePreamble to the 1945 Constitution.Keywords: state foundation, basic law, Pancasila, 1945Constitution
Politik Hukum Mahkamah Konstitusi dalam Membatalkan Konsep Empat Pilar sebagai Upaya Mendudukkan Pancasila Sebagai Dasar Negara Udiyo Basuki
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 2 (2015): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v4i2.1993

Abstract

This paper is the result of research that has been overshadowed by the studyauthors theoretical and empirical, that Pancasila is the basis of the state and a source oflaw as stated in the Preamble to the Constitution of the Republic of Indonesia Year1945 fourth paragraph. In the system of legislation, Pancasila is the basic norm(staatsfundamental), successive later verfassungnorm 1945, grundgezetznorm or MPRdecrees, as well as gezetznorm or the Act. But in reality, the Pancasila likened hisposition and aligned with the 1945 Constitution, the Unitary Republic of Indonesia,Unity which was then called the "Four Pillars of Nation and State". Results penilitianfound that the political law of the Constitutional Court makes a decision positiveLegislature in Constitutional Court Decision No. 100 / PUU-XI / 2012, is part ofthe authority of the Constitutional Court that has 4 (four) authority and one (1) theobligations as set forth in Article 24C paragraph (1) and (2) 1945. In addition to astate institution guardian of democracy (the guardian of democracy) the ConstitutionalCourt as well as the protector of the state and legal sources. To support the political law,the Constitutional Court did various things, including the technical organization of thetrial. Position Pancasila as the state after the aborted phrase "four pillars of the stateand nation is" back Pancasila as the state not as the pillars of the nation as stated inthe fourth paragraph of the Preamble of the 1945 Constitution
Konstitusionalisme HAM Indonesia: Dinamika Pengaturan HAM Indonesia Pasca-Amandemen UUD 1945 Udiyo Basuki
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 1, No 2 (2012): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v1i2.1927

Abstract

The constitution was born from constitutionalism which provides limits of state power in one side and guarantee for the rights of people through constitutional provisions in another side. The Constitution is where all legislation must depend. The concept ofthe modern state requires the existence of democracy, rule of law and protection of human rights. A nation, Indonesia has many in the administration of his state of human rights instruments, including the three who had valid constitution, theConstitution of 1945, the Constitution of 1949 United Republik of Indonesia and Provisional Constitution of 1950. The last decade, the 1945 Constitution has undergone four amendments. This paper is going to examine how the effect of amending the Constitution is the dynamics of the settings in which human rights and in other legislation.
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