MENELISIK KETERKAITAN PROKLAMASI SEBAGAI AWAL TATANAN HUKUM BARU DENGAN PERUMUSAN KONSTITUSI DI INDONESIA
Hartadi, Dian Agung Wicaksono
2025 | Tesis | S2 Ilmu Hukum
EXAMINING THE RELATIONSHIP BETWEEN THE PROCLAMATION AS THE BEGINNING OF A NEW LEGAL ORDER AND THE FORMULATION OF THE CONSTITUTION IN INDONESIA
ABSTRACT
Hartadi
This research aims to: 1) analyze why the Proclamation is presupposed as the beginning of a country's new legal order; 2) analyze whether the Proclamation has implications for the formulation of a country's Constitution and whether it is relevant in the Indonesian context. To get a complete picture, in addition to Indonesia, the context of Singapore, Malaysia, Cambodia, Laos, Vietnam and Myanmar, which were born after 20th century colonialism-imperialism (post-Second World War) in Southeast Asia, are also studied. This normative research uses: 1) statute approach; 2) historical approach; 3) comparative approach; and 4) conceptual approach. The research data is analyzed descriptively-qualitatively using Kelsen's grundnorm theory and Nawiasky's staatsfundamentalnorm.
The findings in this study show that: 1) The Proclamation is presupposed as the beginning of a country's new legal order because to the extent that it has effectively succeeded in: (a) changing the grounds of validity and (b) creating a new validation of a country's legal order, then without the presupposition: (1) the old legal order will not end; (2) the new legal order will not begin; and (3) there will be no legal actions and/or legal products in a country, and it cannot even be called a country in the sense of “a national legal order”. The results of theoretical-philosophical and factual analysis of Indonesia with the comparison of independent countries after the Second World War in Southeast Asia confirm the results of this research; and 2) That the Proclamation has implications for the formulation of a country's Constitution, and is relevant to the Indonesian context, is confirmed by research on: (1) countries whose independence was granted by other countries or through international treaties (international institutions), as well as (2) through revolutions against colonial rule, because these revolutions were successful, then meta-juristically changing the reason for the validity of the Constitution before the Proclamation of independence and creating a valid basis for the formulation of the Constitution of these countries so that the new legal order of a country can begin.
Keywords: Proclamation, Presupposition, Formulation of the Constitution, a New Legal Order
Kata Kunci : Keywords: Proclamation, Presupposition, Formulation of the Constitution, a New Legal Order