Keidentikan Makna Konstitusi Dengan UUD Dalam Sistem Ketatanegaraan

Sirojul Munir
Dosen pada IPDN Kampus Nusa Tenggara Barat di Mataram
email : munir.sirojul43@yahoo.com

Abstract

The views of constitutional experts in modern government, there are three very important elements of the principles of government power in a country, namely the principles of the rights of citizens and the principle of the relationship between citizens and government, as well as the principles of governmental power (the principles According To the Government). This is described in the constitution to whom powers of state organizer submitted, whether the power will be given to the one hand/ institution or given to several State institutions who run these power. The principles of the rights of citizens (The Principles According to The Rights of The governed), in principle
rights owned of citizen an integral part to be valued/ respected by a ruler. Then the principles of the relationship between citizens and government (The Principles According to the Relations Between The Government and The Governed), In these principle should be known of each rights and obligations between the citizens and government. Besides, the Constitution understood as a term to describe the overall system of Government of a country, as well as a collection of rules that establish and regulate or define Government in the country concerned. Thus encountered a two-dimensional understanding given as follows: first, the Constitution is the overall picture of the system of Government in a country (The Whole System of Government A Country) that the Constitution describes whether the form of State and system of Government in use. Second, the Constitution is a set of rules that establish and govern a country’s Government (The Collection Of Rules Which Regulate or Establish and Govern The Government) it means in this second dimension, the Constitution is a set of rules about how the implementation of the overall system of Government of a country and a set of rules as the basis for the Division of power between the
institutions of the State, the both dimension is a unity in the sense of the constitution or basic laws

Keyword: The Indonesian government system constitution is identical to the

Abstrak

Pandangan para ahli ketatanegaraan dalam pemerintahan modern terdapat tiga unsur yang sangat penting mengenai prinsip-prinsip kekuasaan pemerintahan dalam suatu negara, yaitu prinsip-prinsip hak-hak warga negara dan prinsip-prinsip hubungan antara warga negara dengan pemerintah, serta prinsip-prinsip tentang kekuasaan pemerintahan (The Principles According To The Government) Hal ini dijelaskan dalam Konstitusi kepada siapa
kekuasaan penyelenggaraan negara diserahkan, apakah kekuasaan akan diberikan kepada satu tangan/lembaga atau diberikan kepada beberapa lembaga negara yang menjalankan kekuasaan tersebut, prinsip-prinsip tentang hak-hak warga negara (The Principles According To The Rights of The Governed), pada prinsipnya hak-hak yang dimiliki warga negara merupakan bagian integral yang harus dihargai/hormati oleh penguasa. Kemudian prinsip-prinsip tentang hubungan antar warga negara dengan pemerintah (The Principles According To The Relations Between The Governed And The Government). Dalam prinsip prinsip ini harus diketahui hak dan kewajiban diantara masing-masing baik warga negara maupun pemerintah. Selain itu Konstitusi dipahami sebagai istilah untuk menggambarkan keseluruhan sistem pemerintahan suatu negara, juga sebagai kumpulan aturan yang  membentuk dan mengatur atau menentukan pemerintahan negara yang bersangkutan. Dengan demikian dijumpai dua dimensi pemahaman yang diberikan yaitu: pertama, Konstitusi merupakan gambaran keseluruhan sistem pemerintahan dalam suatu negara (The Whole System of Government A Country) artinya Konstitusi menggambarkan apakah bentuk negara dan sistem pemerintahan yang digunakan. Kedua, Konstitusi merupakan kumpulan aturan yang membentuk dan mengatur pemerintahan suatu negara (The Collection of Rules Which Establish And Regulate or Govern The Government) artinya dalam dimensi kedua ini, Konstitusi merupakan seperangkat aturan tentang bagaimana pelaksanaan keseluruhan sistem pemerintahan suatu negara dan seperangkat aturan bagai dasar dalam pembagian kekuasaan antara lembaga-lembaga negara, pengaturan tugas dan fungsi lembaga-lembaga tersebut, serta pengaturan hak dan kewajiban antara negara dan rakyat, kedua dimensi ini merupakan satu kesatuan dalam pengertian Konstitusi atau Undang-Undang Dasar.

Kata kunci: Keidentikan, Konstitusi dan Undang-Undang Dasar

Keidentikan Makna Konstitusi Dengan UUD Dalam Sistem Ketatanegaraan-full (PDF, 4MB)

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