The Future of Indonesian Democracy under the Constitution
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In the state system, democracy is an application of the principle of freedom of the so-called majority rule. Namely democracy and agreed by the majority of the measures taken by the majority. When a party has a majority then they will be the winner. It is described chairman of the Constitutional Court Hamdan Zoelva as a resource person in Public Lecture entitled "The Constitutional Court and the 2014 Election" which took place on Friday morning (22/11) at the Faculty of Law, University of Hasanuddin, Makassar.

In a further development, according to Hamdan, if only the principle of democracy that is run, there will be the question of the violation of the principles of individual autonomy wide. "This issue is because democracy with majority ruling accommodation then oppresses minorities," he said. It is then brought to the modern state system following stages, namely democracy based on constitutional law. “This is called a constitutional democracy," said Hamdan.

Hamdan also said that democracy could make the majority of the hierarchy. Therefore, democracy must be based on firm and clear norm, the norm is that so-called Constitutional Democracy. “Democracy is a constitutional democracy in practice journey should be based on the norms of the constitution," said Hamdan before the law students of Unhas.

Hamdan said there are at least three elements of the law. It is namely element Substance Law, Legal Structure, and Culture Law. “In Indonesia, the cultural elements of law still cannot be applied, it is this which causes the subsystem law in Indonesia has not been established, so that the law in Indonesia has not been going well," he said.

Furthermore Hamdan asserted that prioritizes state law without seeing the democracy it would also be dangerous, because it can be a tyranny. “People can manipulate the law to suppress and deprive basic human rights as well as the state law without democracy," said Hamdan.

At the end of Hamdan advised to continue to maintain constitutional democracy. “Constitutional Democracy without the support of political and legal culture is good, no matter how great his trial will have a problem," added Hamdan. ( ddy )


Saturday, November 23, 2013 | 14:24 WIB 172