Arena Hukum
Vol. 15 No. 2 (2022)

The Preamble Of The Constitution As A Constitutional Touchstone: Indonesian Practices

Deden Rafi Syafiq Rabbani (Universitas Padjadjaran)
Ali Abdurahman (Universitas Padjadjaran)
Mei Susanto (Universitas Padjadjaran)



Article Info

Publish Date
31 Aug 2022

Abstract

This paper aims to provide an analysis of two important things: First, the conception and use of the preamble to the constitution can be a constitutional touchstone. Second, the use of the preamble to the 1945 Constitution of the Republic of Indonesia as a constitutional touchstone in practice in Indonesia. This normative juridical research uses statutory approach, conceptual approach and case approach. The result is that as a constitutional touchstone, not only the values ​​in the preamble to the constitution are reflected in every constitutional provision, but are also used as a basis for constitutional interpretation, as well as a tool to test the validity of the law in resolving conflicting norms. Furthermore, in Indonesia the use of the Preamble to the 1945 Constitution as a constitutional touchstone is related to the legal position and status of the Preamble to the 1945 NRI Constitution as an integral part of the constitution as well as a foundation in establishing a constitution. The preamble to the 1945 Constitution is often used as a source of constitutional rights in the practice of judicial review at the Constitutional Court, as well as a tool in testing the legal validity of a statute.

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