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Journal : Unisia

Kelemahan Fundamental UUD 1945: Pra dan Pasca Amandemen Susi Dwi Harijanti
Unisia No. 49: Tahun XXVI Triwulan III 2003
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/unisia.vol26.iss49.art4

Abstract

The downfall of the New Order government in 1998 marked the 'democratic rebirth', which was conducted through a series of constitutional amendments, starting from 1999 until 2002. The radical changes, indeed, is being made. However, constitutional amendments contain many shortcomings as whole amendments took place in the 'state in transition'. One consequences of this is that amendments seem to be more spontaneously adapting to realities. This in turn creates lack of conceptual basis, illcohesiveness and poor drafting. All these fundamental defects undoubtedly will affect democratisation  process. This Article aims to examine the fundamental problems of the 1945 Constitution in the period of pre and after the amendments.