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Internalization of Constitutional Culture in the Formation of Fair Legislation in Indonesia

. Khairul Umam, Doctoral Study Program of Law, Faculty of Law, University of Mataram, Indonesia


Abstract

In the formation of legislation in Indonesia, the practices that have been carried out by the predecessors in implementing the Basic Law (The 1945 Constitution of The Republic of Indonesia) are often ignored by the later legislators. These practices are related to the constitutional culture. Meanwhile, constitutional culture is crucial and needs to be considered in every formation of legislation to provide justice for all levels of society. This study aims to determine the effect of internalization of constitutional culture on the formation of legislation by applying socio-legal research and using the statute approach, conceptual approach, historical approach, and sociological approach. The results of this study indicate that the internalization of constitutional culture in every political interaction especially in the formation of laws and regulations will direct each formulation of articles of the laws and regulations and bring them back to the goals of the State as stated in the fourth paragraph of the preamble of the Constitution, namely: "......Protecting the entire Indonesian nation and the entire homeland of Indonesia, advancing public welfare, educating the nation's life, implementing world order based on independence, eternal peace, and social justice."

 

Index Terms- Internalization, Constitutional Culture, Formation of Fair Legislation

 

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