The Preamble Of The Constitution As A Constitutional Touchstone: Indonesian Practices
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 I...
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| Format: | Article |
| Language: | English |
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Universitas Brawijaya
2022-08-01
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| Series: | Arena Hukum |
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| Online Access: | https://arenahukum.ub.ac.id/index.php/arena/article/view/1420 |
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| author | Deden Rafi Syafiq Rabbani Ali Abdurahman Mei Susanto |
| author_facet | Deden Rafi Syafiq Rabbani Ali Abdurahman Mei Susanto |
| author_sort | Deden Rafi Syafiq Rabbani |
| collection | DOAJ |
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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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| format | Article |
| id | doaj-art-9444bfd53d1b42cebacb3449bd2fbcf0 |
| institution | DOAJ |
| issn | 0126-0235 2527-4406 |
| language | English |
| publishDate | 2022-08-01 |
| publisher | Universitas Brawijaya |
| record_format | Article |
| series | Arena Hukum |
| spelling | doaj-art-9444bfd53d1b42cebacb3449bd2fbcf02025-08-20T03:12:38ZengUniversitas BrawijayaArena Hukum0126-02352527-44062022-08-0115210.21776/ub.arenahukum.2022.01502.7The Preamble Of The Constitution As A Constitutional Touchstone: Indonesian PracticesDeden Rafi Syafiq Rabbani0Ali Abdurahman1Mei Susanto2Universitas PadjadjaranUniversitas PadjadjaranUniversitas Padjadjaran 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. https://arenahukum.ub.ac.id/index.php/arena/article/view/1420ConstitutionConstitutional touchstonePreamble |
| spellingShingle | Deden Rafi Syafiq Rabbani Ali Abdurahman Mei Susanto The Preamble Of The Constitution As A Constitutional Touchstone: Indonesian Practices Arena Hukum Constitution Constitutional touchstone Preamble |
| title | The Preamble Of The Constitution As A Constitutional Touchstone: Indonesian Practices |
| title_full | The Preamble Of The Constitution As A Constitutional Touchstone: Indonesian Practices |
| title_fullStr | The Preamble Of The Constitution As A Constitutional Touchstone: Indonesian Practices |
| title_full_unstemmed | The Preamble Of The Constitution As A Constitutional Touchstone: Indonesian Practices |
| title_short | The Preamble Of The Constitution As A Constitutional Touchstone: Indonesian Practices |
| title_sort | preamble of the constitution as a constitutional touchstone indonesian practices |
| topic | Constitution Constitutional touchstone Preamble |
| url | https://arenahukum.ub.ac.id/index.php/arena/article/view/1420 |
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