A Preliminary Study On Indonesia Constitutionalism

Among all the products of human political development, the constitutional government is probably the most useful one to reach democracy,freedom,human rights,jurisdiction and justice. And it is conducive to keep the social order,a stable structure and people's concept of value. After the Second World War, most of newly independent countries chose constitutional government as their political way to develop, but finally majority of them ended with failure. Undoubtedly it has a very important historical significance when we analyze the reasons behind this.Indonesia was one of the first emerging countries which enacted constitution, but the implementation process was tortuous. In Sukarno period, the Constitution was changed three times. There was no stability at all. So the Constitutionalism was out of the question. In Suharto period, the Constitution was apparently stable .However, this stability was based on the military control of the national regime .Overall, the Indonesian constitutionalism was failed in these two periods. What are the reasons behind it? This thesis discusses the question.The thesis is composed of five parts, and the general layout is as the following:Chapter one is the introduction, it mainly states the significance of research, surveys the previous achievements on the study of Indonesia's constitutional and related fields both at home and abroad and various scholars' viewpoints.The second chapter stresses the Indonesian barren constitutional basis from cultural, educational perspective and introduces Dutch negative political legacy.The third chapter reviews the Indonesian constitution-making process and discusses the interaction between the text of the constitution,Pancasila and constitutional failure.Chapter four analyzes the influence of Indonesian military, political parties and political leaders on constitutional failure.The conclusion is the last chapter, it is a summary of the whole dissertation...