Jurnal Konstitusi
Vol. 19 No. 4 (2022)

Evaluasi Proses Amendemen Undang-Undang Dasar Tahun 1945: Perspektif Habermasian

Costantinus Fatlolon (Sekolah Tinggi Pendidikan Agama Katolik Santo Yohanes Penginjil)



Article Info

Publish Date
01 Dec 2022

Abstract

This article evaluates the amendment process of the 1945 Constitution conducted by the MPR from 1999 to 2002. The theoretical framework used is Jürgen Habermas’s theory of law and democracy. By employing an expositive-critical-reconstructive approach, this article argues the amendment of the 1945 Constitution was inclusive but not participatory because the process was more dominated by the MPR and it did not include the active participation of ordinary citizens, including civil society groups, the mass media, and radical groups in the society. The remedy to this problem is for the MPR to institutionalize ideal conditions of deliberative democracy that grant publicity, transparency, civic participation, and rational communication between the executive body and citizens in every phase of the constitutional amendment process.

Copyrights © 2022






Journal Info

Abbrev

jk

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics in the fields of Constitutional Law and another ...