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Atma Hajri, Wira
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Law, Crime, Criminology & Criminal Justice

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A Hubungan Agama dan Negara dalam Perspektif Sejarah Hukum Atma Hajri, Wira; nufus, hayatun; Bur , Arifin; diansyah, Ar
UIR Law Review Vol. 8 No. 2 (2024): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2024.vol8(2).19761

Abstract

Abstract : The relationship between religion and the state in Indonesia is always interesting to discuss even though the First Principle of Pancasila explicitly mentions "Belief in One Almighty God", even this is included again in Article 29 paragraph (1) of the 1945 Constitution. Formulation of the First Principle and Article 29 Paragraph (1) of the 1945 Constitution is of course the starting point for discussing the relationship between religion and the state. This research is different from previous studies related to the relationship between religion and the state. The point of difference is the aim of this research which focuses on the benefits obtained from the issue of the relationship between religion and the state from a legal historical perspective. The research results show that there is a close relationship between religion and the state in Indonesia even though it does not directly mention a particular religion in the 1945 Constitution or other statutory regulations. This relationship can be seen in several quotes from Soekarno's speech on 1 June 1945, the history of the birth of the principle of belief in one and only God, and the presidential decree on 5 July 1959. So, the view that Indonesia is a religiously neutral country is ahistorical. Keywords: Religion, State, Legal History
Kedaulatan Rakyat di Indonesia: Konsep Yang Dianut Dan Konsekuensinya di Dalam Pembentukan Peraturan Perundang-Undangan Atma Hajri, Wira; Susanti, Heni; Ardiansyah, Ardiansyah; Nabila, Nabila
Jurnal Selat Vol. 10 No. 2 (2023): Jurnal Selat
Publisher : Program Studi Ilmu Hukum Universitas Maritim Raja Ali Haji

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31629/selat.v10i2.5456

Abstract

One of concepts of sovereignty or the highest power adopted by the 1945 Constitution of the Republic of Indonesia is the concept of people's sovereignty. This is found in Article 1 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. As a concept that originates from outside, of course this concept receives diverse views from various groups. This is understandable because any concept is definitely not value-free. It is influenced by various factors such as religion, ideology, politics, history, and so on. Besides that, ethnicity as a concept in the life of the state, of course influences other fields, including in the formation of laws and regulations. Therefore, the purpose of this research is to find out the concept of people's wealth which is adhered to by the 1945 Constitution of the Republic of Indonesia. In addition, this research is also intended to develop the concept of ethnicity which is adhered to in the formation of laws and regulations in Indonesia. The result of the research is that the People's Sovereignty adhered to by the 1945 Constitution of the Republic of Indonesia is limited by the power of God. This is different from the concept of the original version of the people's area. Where the people's choice is absolutely in the hands of the people. This departs from the understanding of a country that is neutral from religion. Meanwhile, the consequence of the concept of ethnicity that is adhered to in the formation of laws and regulations is that each formation of statutory regulations is limited by the provisions of God Almighty. So that deliberations or voting can be carried out when there is no explicit regulation by the provisions of the Law of God Almighty.
Co-Authors ARDIANSYAH ARDIANSYAH Bur , Arifin diansyah, Ar Hayatun Nufus Heni Susanti, Heni Nabila, Nabila