Ideology and State Constitutions (An Introduction)
By: Boy Yendra Tamin
Ideology generally often defined as a set of concepts applying and often understood as to understand, which blends theory and purpose is a political and social programs. Therefore contact with the ideology is a matter that is very old, depending on the point where we try to approach it. And the sense of ideology tends to be captured in terms of positive and negative.
On the other hand, the mind-captured in a negative sense, as connoted by the totalitarian nature of which contains the views and values that determine all aspects of human life in total, and absolutely demands that humans live and act in accordance with in accordance with what has been outlined that ideology, so that finally denies personal freedom and restrict its movement (Soerjanto Poespowardojo; 1992). However, when visiting in countries that experienced periods of imperialism, Ideology is a positive sense, especially around World War II, because it refers to the overall view of the ideals, values and beliefs they want to achieve in the concrete reality of life. Ideology in the sense that even necessary, for being able to raise awareness and independence, provide orientation about the world along with its contents and the inter-relation, and instill motivation to move society in the struggle against colonialism and subsequently embodied in the system and organizing country. (Soerjanto Poespowardojo; 1992).
|Boy Yendra Tamin|
With the approach to ideology, as noted above, then we can easily understand how the dynamics of the Ideology in Indonesia. If politicians, scientists, humanists in Indonesia want any government since the fifties use the term ideology in terms of positive and whether the term ideology in a positive sense it is still used in Indonesia today? On this occasion, I will not answer this question, but I suggested it as food for thought for us, especially after the reform era in Indonesia in 1999 and in the context of deeper in Ideology and constitutional issues.
II. Ideology relationship with the Constitution
In the political realm constitutional term usually used at least used to describe the whole system of government of a country, which is a collection of provisions for establishing and governing administration. These provisions are partly law and partly non-legal or extra-legal.
Thus do not be surprised if later declared many experts, that a constitution is the crystallization of various political thought when the country will be established or when the Constitution was drafted. After the constitution has an extremely important position because he had to be the basis of various aspects of state administration so that any behavior or political discretion of each state leaders will always look their relevance to the provisions of the constitution (Moh.Mahfud MD: 2000; 40). And because the constitution it is the crystallization of various political thought, then a constitution is not just a mere rule of constitutional. Constitution as the basic law (holding all the provisions of the law in a country) reflects many important things for the country concerned. Most of the substance of the constitution reflects the monumental things past, present and future expectations.
Understanding the existence of such, then obviously in a constitution contained an ideology of the nation state. Therefore it is not surprising that a particular nation looked as though the constitution as "sacred things" that can not be touched. Similarly, the 1945 Constitution of Indonesia, it is the crystallization of ideas about the country before the birth of the Indonesian state. Ideas about the country can not be separated from the ideology that live and grow in the Indonesian nation.
As already mentioned, that ideology can be formulated as a complex knowledge and values, the overall form the basis for a person (or community) to understand the universe and the earth all and determine the basic attitude to cultivate. Based on the understanding that a person dihayatinya capture what is seen is true and not true, and what is considered good and not good. Similarly, he will carry out the activities as a whole embodiment of knowledge and its value. In this context Soerjanto Poespowardojo (1992) suggests, that thereby creates for him a world of people's lives with the system and social structure in accordance with its ideological orientation. However this does not mean that the world community life is merely a manifestation of ideology, as can be noted by the mind of Hegel. Because ideology is not an independent and separated from the reality of life. Ideology is a cultural product of a society and therefore in some sense a manifestation of social reality as well.
What we pointed out above are not necessarily understood, that ideology is a way of life. Soerjanto Poespowardojo (1992) further argues that the ideology reflects society's way of thinking, but also form a community that leads ideals. Thus it seems that ideology is not a mere theoretical pengatahuan, but it is something that is internalized into a conviction. Ideology is an obvious choice to bring a commitment to make it happen. That commitment is reflected in the attitude of someone who believes ideology as normative provisions that must be adhered to in the community. This is of course different from the outlook on life, which worldview provides global orientation and not explicit. However can happen worldview becomes ideology as well as in Indonesia, Pancasila as the outlook of the nation of Indonesia as well as the state ideology. But it must be understood, that ideology should be distinguished from religion. Ideology is not a religion. Ideology is only the result thanks to the power of the human mind sharp reflections about everything and all the events around him, and the power creation in an effort to solve the problems it faces and with regard to the future. In this connection Soerjanto Poespowardojo (1992) asserts, that a person's attitude towards Idiologinya not believe the attitude towards a doctrine, but a natural attitude towards the principles of life that is controlled by the mind of.
Understanding lattice Ideology as described above allows us to see the connection between ideology with the constitution. As already noted, that the constitution is the crystallization of various political thought when the country will be established or when the Constitution was drafted. Political thought in this context is certainly not necessarily be understood as a practical political thought. This is very important because of the development of the word "ideology" as well as in Indonesian society has the connotation of socio-political programs tend to put other-lai, including constitutional law alone-even as the tools and therefore are in subordination. Yet according to A. Hamid S. Attamimi, according to the 1945 Constitution is the law that led all programs in the social life of the Indonesian people and nation, including political social programs. In this context we need a caution in capturing the relationship between ideology with the constitution.
On one side is the Pancasila state ideology Pancasila and the other side has the ideal position as a law that controls the Basic Law of the State. If the main ideas contained in the preamble of the 1945 Constitution of realizing the ideal of law, the basic thoughts were nothing but Pancasila. Thus, the main ideas that embody ideals that law is Pancasila, which constitute a state ideology. Because it is clear, that if the constitution is understood as the crystallization of political thought it was not in the sense of practical politics or as a crystallization of social and political programs.
On the other hand as a result of a growing understanding that the constitutional state has develop a set of rules and regulations are very clear for passage of the three functions of government (executive, legislative and judicial) which is based on the constitution. However, because the constitution is certainly not the work of man it is not free from shortcomings. He is also not a dogma that must be valid for eternity without tampered. Dimanika social life moves so fast often unpredictable makers at the time the constitution was drafted constitution. To this Lito Exposto argued, that the Constitution at a certain time may be considered perfect, but at other times deemed inadequate. Some experts said that the change was important for two reasons: (a) it actually is the result of a compromise of some political forces with different interests and (b) the ability of the constituent limited. Therefore, a constitution can not apply so without changes.
In relation to the constitutional changes, whether sekagus changes to ideology? This is actually an important question when we discuss the relationship between ideology and constitution. Especially when in a state of society requires reforms in governance.
III. Between ideology and Amendment of the Constitution
Reform is a process of balancing in the put, process and output. In pastures many people, the reform aims to open a new chapter or create a new starting point (to make a fresh start) in the life of the state. This view can be accepted, if the reforms are not translated or understood as a revolution. And as stated Indra Perwira (2005), that before stepping needed a clear direction and a new purpose before making toward that goal required a paradigm, belief, ideology and a new framework, which will eventually give birth to overhaul the constitutional system of both the superstructure and infrastructure. Overhaul of the constitutional system is typically characterized by alteration or replacement of the constitution, either formally (formal Amendment) or through interpretation (judicial interpretation, usage and costume).
Previous proposed that between ideology and the constitution is an integral thing. Thus, it has been argued that the constitution can not adapt to the dynamics of the community will lose its meaning and just be a document that is not useful, I think is exaggerated opinion. Thus pastures, has actually lost dreams about the nature of the constitution which is only seen and understood as a normal rule. Although we agree, that the essence of a constitutional change is that the constitution it can respond to the needs and demands of the times that so he can survive. However, it is the constitution that contained an ideology or ideals of law. So the problem is not just whether the constitution gives perluang to change or not, but the extent of change was necessary urgency and relevance to the goals set out in the constitution law as a crystallization of various political thought.
Because so essential content of the constitution, the constitution should not be criticized only from political interests, let alone political interests - temporary -. Thought renewal or amendment to the constitution must necessarily be done by looking thinking and visionary goals. For example, the political elite as well as political parties perceived to be corrupt and just put the interests of their own and do not care about the fate of the people and the country. Public, although still believe in democracy, but was disappointed and did not believe in the political elite, political parties (parties), as well as other public institutions. Politics is seen as something dirty, rotten and dominated by a handful of people who do not care about the fate of the nation. The new democratic government was judged to be able to handle a variety of problems such as corruption and crime. A similar condition is not a reason to change the constitution, because it could be happening because the elite organizers did not state mandated duties in accordance with the constitution. End is the rule of law, including the constitution.
In a relationship that at least we can see the correlation between ideology and change the constitution. Because ideology or legal ideals embodied in the Constitution has two functions as well as the Pancasila in Indonesia. As we know that the ideals of law in addition to having constitutive function that determines the basis of a legal order, without which the law loses its meaning and its significance as a law, also has a regulative function that determines whether a positive law is fair or unfair. Likewise in the case of an ideal law Pancasila, the values contained in Pancasila has a constitutive function, in addition to regulative function. While the position of Pancasila as the highest legal norms in this regard as the basic thoughts of opening of the Basic Law (UUD 1945) which creates articles of the 1945 Constitution, determine the content and form of the law of the lower layer.
Of the views expressed in the above, it is clear that the existence of ideology to the constitution are in an order that is integral. Ideology is in two positions; First Ideology domiciled in the legal system, but lies outside the legal system. In such a position function constitutively Ideology and regulative against norms that exist in the legal system. And as the highest legal norms ideology in the legal system since become the main ideas in the constitution, the ideology is the basic norm. The problem then of whether ideology and constitution always is something that is always integrated. If it is not necessarily a problem so the other, but in the constitutions of the modern state, the constitution is built on the basis of ideology that live and grow in community-country. That is why it is said the constitution is not just a fair legal and regular. Indeed, the Constitution is a fundamental law.
Therefore changes in the constitution is not simply responding to the demands of the times, let alone just to meet political interests, but the most important is in order to meet the nation's needs in order to achieve the purpose of the state. Thus, the constitution is not always understood as a means to limit state power. This is of course the closer to the deeper meaning of the constitution is in constitutionalism.
This brief description of the idelogy and the constitution has not describe a detailed assessment, but only an introduction to further understand the ideology and constitution. (*)
* Indonesian version: Ideologi dan Konstitusi (sebuah Pengantar)
* .Boy Yendra Tamin, SH. MH, Faculty of Law, University of Bung Hatta / Advocate