sign in sign up
<<
Home , Guided democracy

Jurnal Reformasi Hukum : Cogito Ergo Sum ISSN 2599-3364 (print) Volume 1, Nomor 2, Juli 2018, 69-76 ISSN 2614-5987 (online)

DEMOCRACY IN CONSTITUTIONAL LIFE

BAMBANG PANJI GUNAWAN

Ilmu Hukum, Universitas Maarif Hasyim Latif, Sidoarjo e-mail: [email protected]

ABSTRACT

Democracy is an ideal system of constitutional life and that comes from the West. Democracy implies power or by the people, from the people and for the people. When the Western democracy is transformed into the non-West countries with different history and culture, democracy will take time to adjust to the situation, and subjects to various changes in the application in accordance with the new different environment. A frequent problem that emerges in the practice of democracy is how the government by the people, of the people and for the people is effectively implemented in constitutional practice. This paper provides thought concerned with the concept of democracy, including in the development of constitutional practice. The methodology of this paper is normative law. The conclussion of this paper is there same democracy systems, democracy which is based on freedom and equality; democracy which is based on the progress in social and economic affairs; democracy which is based on freedom and equality, and on social and economic progress as well.

Keywords: democratization, administration.

INTRODUCTION people around. Therefore, the type of tyrannical rule is later changed to the . Since No term or system that receives big menare not immortal, this type is then changed attention of mankind like democracy. Democracy again into a democracy, which is also called by Aristotle (Greek philosopher), previously given nobocracy or the rule of the mob. Thus Aristotle negative sense, is now claimed by many nations or democracy received negative sense. This differs states as a system or principle in national and from the definition given at the present time. constitutional life. Nevertheless, democracy continues to experience growth despite visible differences in the application by each nation. DISCUSSION Democracy can be viewed from two aspects of democracy in material sense and democracy in The origin of Democracy formal sense. Democracy in material sense is a The term democracy comes from two words democracy characterized by philosophy or of origin, which refers to a system of Ancient Greek ideology embraced by a nation or state. The government called 'demokratia', the 'demos' and various democracy embraced by each state 'kratos or kratein'. Literally democracy comes from indicates a fundamental difference in the practice the word demos means people and kratos or of democracy. Therefore, some terms like Pancasila cratein means government ruled by the Democracy, Guided Democracy, , people.Democracy implies political power or , and the People Democracy government of the people, by the people and for andcentralism Democracy are known. the people (Warren, 1963: 2). People are Democracy in formal sense has evolved conceptualized as citizens. Thus, from its original from as carried out in City State meaning, democracy means ruled by the people. In in Ancient Greece into indirect democracy. the practice democracy is conceived and executed Democracy is also indirectly called as differently. , a democracy performed In the time of Ancient Yimani, the word by the representatives of the people sitting in democracy is used to refer to 'government by the institution or the representative body of the many' (rule by the people), as opposed to people. 'government by the few' (rule by a group of The notion of democracy itself experiences people). MacGregor Bums in the Government by growth. In his search for country aspiration or the People (1989: 3), proposes democracy as, “A ideal state, a Greek philosopher Aristotle put system of government in which those who have forward a theory of cycle. Monarchy as good type authority to make decisions (that have the force of ofgovernment, for one thing experiences law) acquire and retain this authority either degeneration called tyranny. This second type of directly or indirectly as the result of winning free government then receives reaction from good elections in which the great majority of adult

69 BP Gunawan / Jurnal Reformasi Hukum : Cogito Ergo Sum, Vol. 1, No.2, Juli 2018, 69-76 citizens are allowed to participate. understanding; ability to supervise the end of the Henry B. Mayo in An Introduction to agenda; and inclusion of adults. The consequences Democratic Theory (1960: 70), provides the sense of democracy will provide a common size standard of democracy as, “A democratic political system is in view of a country as a democracy. In other one in which public politicies are made on majority words, when opportunityas a consequence of basis, by representatives subject to effective democratic general size standards is not executed, popular control at periodic elections which are the country cannot be qualified as a democracy. conducted on the principle of political equality and The concept of democracy originally under conditions of political freedom. emerged froma thought about the relationship of The formulations provide general state and law in Ancient Greece and practiced in understanding of the nature of a country which institutional life between 4thBC to6th AD century. adheres to the democratic system, they are: The democracy practiced in that time was direct 1. democracy is a system of government democracy, which means that the rights of people withinterlinked and inseparable elements; to lull political decisions are executed directly by 2. those who hold power in the name of all citizens who act in accordance with the democracy may take decisions to establish and procedure majority. enforce the law; In its development the form of democracy 3. the power to regulate in the form of laws is has experienced twice democratic acquired and maintained through free elections transformation, the first is transformation of the and is followed by the majority of adult citizens. democratic city states in 5 BC ancient Greece and Of the three properties of the common Rome as well as some city states in Italy in the understanding, a democratic country has three medieval period. The second is transformation that main understanding covering the nature, processes occurs from the democratic city states into and objectives of democracy (Huntington, 1995: 4). region of nation, state, wide nation or Huntington sees democracy in three general state (Dahl, 1992: 3-4). approaches, namely: the source of authority for the The two forms of the democratic government; destinations served by the transformation have fundamentally changed the government; and the procedure for forming a order form of democracy as a result of the government. displacement of the city-state to nation states. Democracy is a system indicating that public Robert A. Dahl suggests eight consequences of the policy is determined on the basis of a majority of implementation of democracy in the territory of the representatives who are monitored effectively the vast nation, namely: representation;unlimited by the people in periodic elections based on the expansion; the limits of ; principle of political equality and held in an diversity; conflict: poliarchy; social and atmosphere of guaranteed political freedoms organizational pluralism; and the expansion of (Henry B. Mayo, 1960: 70) , In other words, personal rights. This indicates that the shape and democracy is a system of government formed structure of democratic state at the time of Ancient through elections to regulate the common life Greece is very different from the shape and based on the rule of law in favor of the people. structure of democracy at the present time. Harris G. Warrant in Our Democracy at Work In the city-state the form of democracy is (1963: 2) provides the formulation of the notion of carried out directly (direct democracy), the people democracy as “a government of the people, by the gathered at a place called 'ecclesia' to directly solve people, for the people”. Bryan A. Gamer problems together (Kusnardi and Saragih, 1995: dalamBlack’s Law Dictionary (1999: 444) states 85). Therefore democracy in a city-state at the time that democracy“government by the people, either of the Ancient Greeks is also known as directly or through representatives”. participatory democracy while representative From the understanding of democracy institutionis not recognized (Dahl, 2001: 16). In above, the implementation of democracy has modern countries developed models of indirect consequences to be considered, which provide democracy through representative institutions opportunities for the people as citizens to exercise (Saragih, 1988: 79). Representative institutions rights and obligations of the state. Presented by play an important role in arranging the wheels Robert A. Dahl in On Democracy (1998: 38), that of government for modern democracies, though “democracy provides opportunities for effective at the beginning the existence of representative participation; equality in ; gaining institutions was not intended as a device enlightened understanding; exercising final control democratic system. This is the fundamental over the agenda; inclusion of adults”. difference between city-state and in That is, democracy will provide an the governance process. "The practice of opportunity to the people for effective democracy in the city-states does not use participation; equality in voting; clear

70 BP Gunawan / Jurnal Reformasi Hukum : Cogito Ergo Sum, Vol. 1, No.2, Juli 2018, 69-76 representative institutions as democracy is citizens Stuart Mill is an ideal form of government choice. meeting to discuss the matter together. According to Liberty Utilitarianism by Mill in An important event regardingdemocracy in Representative Government (1988: 233), a the Middle Ages is the emerge of 'Magna Charta' representative system in a modern democracy is document, a charter which contains some ".... but since all cannot, in a community exceeding a agreement between some nobles and King John in single small town, participate personally in any but England, that the King recognized and guaranteed some very minor portions of the public business it certain rights and 'previleges' of his subordinates follows that the ideal type of a perfect government in return for funds handover for the purposes of must be representative. war and others. The emerge of this charter, Through a representative institution, although not applicable to common people, can be complex issues facing society will be resolved. regarded as the emergence of new milestone for Thus a representative institution serves to the development of democracy. This is because of bridge the aspirations of the people in the the charter had seen the two basic principles, the governance process. Therefore, in general the limitation of royal power and that human rights are representative body has a function of legislation, more important than the rule of the king (see monitoring and as a means of political education Ramdlon, 1983: 9). (Saragih, 1988: 88). These functions are performed Criticism and revamp toward absolutism of by representative institutions in order to realize monarchy is based on the theory of rationalistic as the ideals of modern democracy followed by most a 'social contract' with one of the hopes is countries in the world today. determination that the world is ruled by law Despite the simple meaning of the words, arising out of nature (natural) which contains the there is still no common view about the limits of principles of universal justice, valid for all times democracy. This is caused by two things: (1) and all the good king, nobles, and commoners (see democracy has two kinds of meaning; (2) Budiardjo. 1980: 55). democracy itself has been and will continue to This indicates that theory of natural law is experience growth. This is partly raised by Mac an attempt to overhaul the absolute rule and set Iver in his book The Web of Government, stating the political rights of the people in a principle that 'democracy' is a form of government that is called democracy (people's government). Two never completely Achieved.Democracy grows into great philosopher, John Locke (1632-1704) of its being ". England and Charles Louis de Secondat, Baron de From the meaning of words, democracy La Bre'de et de La Montesquieu (1689-1755) of means the people rule. In other words the number France, greatly contributed to the notion of of reigns is abundant yet the number of the ruled is democratic governance. John Locke argued that fewer. Can this happen? In fact is the opposite, people's political rights include the right to life, fewer rule abundant. liberty and the right to have (live, liberty, Regarding theproblem, Maurice Duverger in property). Meanwhile Montesquieu proposed basic his book Les regimes Politiqeces, argued that, '' systems which according to him can guarantee the Sociologists of Durkheim confirmed that during the political rights through the theory of 'separation of beginning of the revival of human civilization, there powers' or' triad of politico by separation of was no difference between the ruling and those powers in a state into legislative, executive, and who are ruled. Power was not run by certain judicial branches, each of which must be exercised peopleyet evenly by the herd entirely, everyone is by the themselves independently, which means subject to general standards considered and that in principle all of the power should not be held determined by the whole group. At that time only by one man. everybody ruled and no one was ruled. Then, some The idea of government of the people people from the mob seemed to unite themselves, (democracy) emerged from the idea of 'political made themselves the embodiment of the collective rights of the people' and 'separation of powers'. benchmark as well as the rule on behalf of the However, until now today democracy has spawned hordes, that is what is called 25 power "(In Party two democratic concepts pertaining to the role of and Pressure Groups, 1972: 23-32). the state and the role of society, namely The French scholar further quoted the constitutional democracy of XIX century and opinion of Jean Jacques Rousseau as follows: "If the constitutional democracy of XX century, both are word is held as general meaning, democracy is always associated with the concept of a truly never existed and will never exist. Is contrary constitutional state. to the nature of nature, that the greatest number The existence of representative institutions rule, while least should be governed. " in modern democracies is very important in a As has been stated, democracy can be nation state (Strong, 1960: 171). The form of viewed from two aspects, as stated by Bonger in his representative institutions, according to John book entitled Problemen der Demokratie.

71 BP Gunawan / Jurnal Reformasi Hukum : Cogito Ergo Sum, Vol. 1, No.2, Juli 2018, 69-76

Meanwhile in English literature another term was In the history of mankind, the struggle for proposed by Robert K. Carr.Marver H. Bernstein, independence is a motor that has a very important Donald H. Morrison, in his book American meaning. This is due to the following facts: Democracy- in Theory and Practices, using the 1. that all warswere made for independence, term 'democracy as an ideology' 'and' democracy 2. that all revolutions were begun for 'as an actual governmental mechanism'. William independence, Goodman inThe Two Party System in the United 3. that human trials in the field of science, States (1956), uses the term 'democratic in economics and engineering, received impetus philosophy' and 'representative in form.’ from the desire to achieve greater The fundamental difference of democracy independence. adopted by each nation or state is situated on the The points indicate that the ideals of first. Meanwhile in the second meaningthere are freedom are the sources of all ideals, both in many similarities. The question arises, why are political, social, cultural, economic, and other fields. fundamental differences about the meaning of However, as well known, the interpretation and democracy from country to country and is situated understanding are different. Therefore, it is on the first meaning, what causes the differences? understandable why conceptthen leads to chaos There are some foundations of philosophy than the ideals of freedom itself. In pure sense, used by democracy, including: manifestations of independence are: 1. democracy which is based on freedom and 1. Freedom of thought and embrace the belief equality; itself. 2. democracy which is based on the progress in 2. Freedom to unite with friends who has the social and economic affairs; same ideology and has a specific purpose. 3. democracy which is based on freedom and 3. The freedom to set their own livelihood, not as equality, and on social and economic progress ordered by the powers above it. as well. Thus independence also means respect to a person, rights given to a person, no arbitrary action Democracy Based on the Independence Equation against a person or group of people. The Throughout history, ideology of freedom consequence isthe development of personality of and equality arise in constitutional life as a each person freely. Independence as an ideology reaction to the ideology of absolutism, which is an and ideals leads to chaos is also expressed by ideology in which absolute power in the state are Montesquieu before the French revolution as in the hands of one person (king, emperor, follows: “There is no word that has been given dictator) or a single body. In these situations there varied meanings and evoked more varied emotions is a striking difference between the ruling class and in the human heart than liberty Kemudian those who are not in power. Everything is run by Montesquieu mengatakan lebih lanjut, sebagai the ruling class is intended only for the sake of his berikut: ' Some have taken it as a means of own faction. deposing him on whom, they had conferred a With regard to the ideology of tyrannical authority; Other again have meant by independence, Emery Reves in his book A liberty the privilege of being government by a Democratic Manifesto(1942: 225-238), suggests native of their own country, or by their own laws; as follows: "Politic ideology attempting Some have annexed this name to one form of to realize our ideals into social life is liberalism. government exlusively of others; Those who had a Liberalism is the essence of the programs, which in republican taste applied it to this species of the late 18th century wasattractive with most government; Those who liked a monarchical state influential powers in the , Britain, and gave it to monarchy. ’’ (Friedrich-Ebert-Sttiftung, France. 2003). The United States Constitution, French In this case freedom and equality are two Revolution, and the beginning of modern things that cannot be separated. Thus, speaking of industrialization in the UK then gave tremendous independence means also speaking about equality. impetus to the ideology of. Then the elements of The unity of freedom and equality is a condition progressive of all democratic countries were then that does not make sense. united in political parties that aims to develop Freedom and equality are two ideologies or country and economic life based on individual a principle that cannot be separated is also evident liberty, ensure the independence of nations and in history. When French revolution was raged create the greatest possible independence in (1789), leaders echoed the now-famous slogan, relation to the exchange in the international field. " namely liberte, egalite and fraternite. The motto is From Emery Reves’s view, the question the cry of the circumstances that occurred in arises, what is freedom or liberty? France at that timeand Europe in general. The slogan represents the ideals of the French

72 BP Gunawan / Jurnal Reformasi Hukum : Cogito Ergo Sum, Vol. 1, No.2, Juli 2018, 69-76 revolution over by E. Barker called the three extortion will further increase the feeling of sisters.E. Barker proposed the name as he thought personal freedom or everyone. Thus the ideal of that freedom, equality, and brotherhood are independence is an ideology that is relative and three things that cannot be separated from one depends on two factors: first, to what extent a another. However, from another angle fraternite is person cannot act freely; second, to what extent a logical consequence of their egalite in relation to a person is treated by others acting freely. human nature. Indeed, freedom without equality is It can be argued that the state of the so- difficult to think about. However, the equation also called independence among human beings can raised the issue of whether the real equation is actually be createdwith synthesis between freedom there. Is there absolute equality among all human and coercion or between independence and beings in the world? attachment.Therefore, according to history, The equation between man and man, democracy in the formal sense (which is based on between groups or nation in the world, in principle freedom and equality) as a result of the exercise of and in fact contrary to nature, therefore such the ideology espoused and absolutism in the equalityactuallydoes not exist and cannot exist. country, which is then performed as democracy in This means, too, that freedom in pure and the political field. With the ouster of power in the perfect sense will show the exact opposite of any hands of a person or entity in the country sat kind of independence. Although it is has been representatives layers of people in the people's known that the two ideals are impossible representative institutions. Democracy thus it then absolutely, the ideologies are still strived has consequences: Ideology of independence also has influence 1. the necessity of people's representative body; in political, economic, social and cultural field. In 2. he necessity of election, either through free and accordance with the principles of freedom and confidential elections equality, everyone is free to implement its goals 3. the necessity of political parties; and objectives, as well as defend its interests. Yet 4. the necessity of an institution that has the task ultimately the freedom and equality does not mean of implementation, and responsible to the anything at all, because it cannot be removed from people through the representative body of the areas of economic life. people. The absence of similar capabilities in the As the consequence, the implementation of areas of economic life led to the dependence of a constitutional field will not be the same in person or group of people to the party a strong countries that embrace the ideology of freedom economic position. The principle of freedom and and equality. Therefore, the implementation will equality, especially in the economic field, causes show various possibilities as system adopted in the free competition. Everyone is free to implement United Kingdom, France, Germany, the United and achieve their objectives. Despite the principle States, and others. of equality, without same capabilities, those who successfully competeare only those who are well- Democracy Based on Social and Economic established, particularly one that dominated the Progress economic life. By mastering the field of economy, As noted, the basis of democratic freedom strong group then seeks to master other areas of and equality has consequences of requirement for life, such as politic. This creates two classes if free competition in economics. Due to lack of the thehaves and have not, according to Marx and same capabilities of those who run the free Engels they are called the bourgeois and the competition, there is huge gap between the haves proletarian class. (August H Nimtz Jr., 2000). and the have notclass. In practice, this second Ideology of freedom and equality as stated group of state administration cannot participate in above may not be fully implemented. Therefore, it determining constitutional affairs. is understandable why Emery Reves argued, that This fact is caused by the weak position of kind of independence as the ideals of humanity the have not, in addition it is also fact, that people's should be asynthesis between freedom and representative institutions controlled by the coercion or between independence and havegroup. The differences were then reinforced attachment. with industrial revolution, in which human labor A power that comes from outside no longer has significance in the production prohibiting a person or any person kills another process. What then happened is the replacement of person or seizes property rights of others, is a human labor with mechanical power the occurred. limitation of personal freedom. Power that limits In a further development, unemployment occurred independence will give protection to any person everywhere. Due to the expansion, the against the threat of murder or robbery to be done unemployment eventually leads to a variety of by someone. With the power, everyone is confident social problems. and believe that the protection of murder and

73 BP Gunawan / Jurnal Reformasi Hukum : Cogito Ergo Sum, Vol. 1, No.2, Juli 2018, 69-76

Therefore, new discoveries in the field of At the time of Indonesian Independence engineering and industry occurred to enhance the Preparatory Committee established the means of production. This then resulted in Constitution of the State on August 18, 1945, the doubling of production results flooding the basic state is encapsulated in the fourth paragraph communities. In accordance with the enactment of Preamble of UUD 1945. In the same section also the laws of economics, the goods are thrown into establishes that body of popular sovereignty as the the society becomes degenerate in price, which basis of the composition of the Republic of then leads to lower profits earned by the Indonesia. What is stated in the Preamble of the bourgeois. 1945 Constitution is also found in Article 1 (2) that This is the analysis of Marx and sovereignty is in the hands of the people. Engels(Ibid.). However this bourgeoisie will try to If sovereignty is defined as the highest defend themselves in order to defend its interests, authority in the state, the sovereignty of the people such as gain, control of the market value of their also means that the highest power in the state harvests, industrial production must inevitably be belongs to the people. In other words, there is no reduced. The consequence of the actions is massive other authority to overcome the power of the dismissal of workers. It eventually leads to people. Nevertheless the people's sovereignty must extensive unemployment. be based on God, just and civilized humanity, the After knowing and understanding the above unity of Indonesia, democracy led by the inner ideology, a question arises, how is the basic wisdom of deliberations/representatives, as well application or ideology in the field of as to achieve social justice for all Indonesian constitutional? To determine the application as people. In other words, sovereignty embraced by well as the realization of democracy based on the the people of Indonesia is based on Pancasila. If ideology of , one must see it from the sovereignty is synonymous with democracy, then constitution of communistor socialist countries. democracy embraced by Indonesian people is as From the constitution of the communist countries stated in the Act of 1945 is Pancasila Democracy. it can be seen that the democracyembraced is The question is then on the meaning of Pancasila in embodied in the form of the of the relation to the Indonesian state. proletariat. In the system of the proletarian When studied in depth, two pearls are dictatorship, power in the state is represented by found, they are unity in diversity and diversity in the proletarian class, the communist party except unity. If associated with human, human nature as a for certain differences as a result of a variety of creature of God is a personal being and also social specific or generalfactors, the principle of beings, this means that human nature is individual democracy in communist states is realized in the as well as social beings. According to the state same pattern. (Marx and Engels, Ibid,) ideology of Pancasila, human nature as a unity Indonesian democracy that should be developed in balanceand Indonesia was born after World War II, a harmoniously. Thus Pancasilais considers that war that involved democracies and fascist or human happiness will be achieved, if it can national-socialiststates. As a nation that has develop a relationship that is in harmony and experienced Dutch occupation for more than 350 balance between man and society. Because years and Japan for more than 3.5 years, the humans include physical dimensions and Indonesian people really appreciate the meaning of nonphysical dimensions, then the need for any independence and equality and democracy. human being consists of physical and non-physical Therefore there is a unity of views among the aspects. Thus Pancasila Democracy is viewed from founders of the state of the system or principles the aspect of material not only base itself on that must be adhered to in the country to be freedom and equality alone, or just basing established. ourselves on the progress in social and economic Indonesia declared its independent nation fields, but rather basing ourselves on both at once. through a proclamation on 17 August 1945. Pancasila Democracy is shared both by the However, the Constitutiondraft had been prepared Constitution of the Republic of Indonesia States as earlier. In fact on June 1, 1945 the leaders sitting in well as by the Constitution in 1950. The question is, Investigation Agency for Efforts and Preparation of how the implementation of Pancasila Indonesian Independence have agreed on the basis democracy in practice? of the adopted country. On June 1, 1945, Ir. As is known, the Act of 1945 applied in the had uttered a speech known as the period 1945 to 1949 and 1959 to the present. In emergence of any ideology. The investigative the first period coming into effect, it may be noted bodies approved the establishment of Pancasila as the prominence of the implementation of freedom the state foundation/philosophy. and equality, especially in the political field. This becomes more prominent after the change of the prevailing system of government, namely ministers

74 BP Gunawan / Jurnal Reformasi Hukum : Cogito Ergo Sum, Vol. 1, No.2, Juli 2018, 69-76 originally responsible to the President be parliamentary system of government, the cabinet accountable to the Central Indonesian National was no longer than two years. The lack of stability Committee which had previously been given in the government sector has also brought impact legislative powers. This is further strengthened by due to lack of stability in the political field. As the a multi-party system. Thus liberal democracy was consequence the work program of every cabinet or implemented in the period 1945 to 1949. The fact government experienced problems in the also occurs when the enactment of the Constitution implementation. Therefore, it is understandable of the Republic of Indonesia States in 1949 for when the President of the Republic of Indonesia approximately 8 months. submitted its conception, namely on the Why the form union state is applies only establishment of the Mutual Cooperation Cabinet approximately 8 months? From the history of the and the National Council. state administration may be noted that the In the end, the failure of constituent to Indonesian people in general do not want the establishes the basic state, the consequences may union state form. That is why the people of the not be the enactment of the basic law that remain, regions, regional dissolve and join the State the government offered to the constituent (Regional Section) of the Republic of Indonesia. In assembly in order to set 1945 as the Constitution the end, of the 16 regions of the area there were as fixed law. This bid was not supported by at least only three part: State of the Republic of Indonesia, 2/3 of the members of the constituent under the the State of East Indonesia, and the State of East terms must be present and approve. For the second Sumatra. As the realization of a desire to return to time a constituent did not successfully perform a the enactment of the Federal Law their duties. That is why on July 5, 1959 the No.7 of 1950 consisting of 2 (two) articles, namely: President issued a decree including the setting of Section I contains the Constitution While 1950; the re-enactment of the 1945 Constitution. Article II contains the promulgation of the Basic In the second period of the enactment of the Law. 1945's, Pancasila Democracy was again not As has been stated above, democracy implemented. The Guided Democracy, a democracy adopted was the Constitution of 1950, as well as in which all power in the state is self-centered those adopted by the United Republic of Indonesia President of the Republic of Indonesia was used. is Pancasila Democracy. The question is, how is the This continued until the issuance of supersemar, application of democracy in practice? 1966, which is the beginning of the existence of the Because the period of validity of the New Order. Constitution of the United Republic of Indonesia is One of the New Order's determination is relatively short, the period was abandoned and the that the will to implement the Act of 1945 implementation of Pancasila democracy in the purely and consequently, including Pancasila period of enactment of the Constitution of 1950 Democracy. As democracy in general, Pancasila was carried out. Democracy is also a form a government that is As a result of wide opportunity, political never completely achieved. To borrow the words of parties were established in 1945 (Government Mac Iver in his book The Web of Government, edict of November 3, 1945), then in the period of Pancasila Democracy also grows into its being. This enactment of the Provisional Constitution of 1950, means that democracy embraced by the multi-party system was also implemented. The Indonesian people will continue to grow, which implementation was better after the issuance of will inevitably be influenced by factors internal and Law No. 7 of 1953, on the first general elections in external. Thus, globalization will also give color to Indonesia. Pancasila Democracy. The law is adhered to a proportional Originally Human Rights and Fundamental electoral system, and electoral system resulted in Rights of Citizen of Indonesia was considered a the enactment of multi-party system. Thus, the lack problem. then as a consequence of globalization, it of freedom (freedom) to establish political parties colored the implementation of Pancasila is followed by elections by proportional electoral Democracy. Therefore Sri Soemantri (1992: 25) system causing disintegration of Indonesian formulated Pancasila Democracy as follows: community in a variety of political groups, each 1. Pancasila democracy bases itself on freedom with a different principle. and equality and progress in the socio- This means that in the period of enactment economic as well; of the Provisional Constitution of 1950, democracy 2. Pancasila Democracy implies that the supreme on the freedom and equality still exists in political power belongs to the people, which in the life in Indonesia. There are four major political period between one elections to another was parties that time yetas there was no single political carried out entirely by the Assembly of the party that controls more than half the seats in the People. House of Representatives, plus the use of

75 BP Gunawan / Jurnal Reformasi Hukum : Cogito Ergo Sum, Vol. 1, No.2, Juli 2018, 69-76

The formulation of Pancasila Democracy in determining the direction and purpose in life of the Budiardjo, Miriam. 1983, Dasar-dasar IlmuPolitik. nation under the auspices of NKIRaims to create Jakarta: Gramedia. prosperous society based on Pancasila, with Bums, James MacGregor, at al. 1989. Government prosperity and social justice (5th principle) based By The People. Englewood Cliffs, New Jersey: on the direction of the policies carried out by Prentice Hall, Inc. deliberation by elected representatives (4th Dahl, Robert A. 1998. On Democracy. USA; Yale principle) to maintain the unity of Indonesia (3rd University Press. principle) and uphold the values of humanity that Duverger, Maurice. Les Regimes is fair and civilized (2nd principle), and based upon Politiqeces.teijemahSuwirjadi. Teori dan belief in one supreme God (the 1st principle) that Praktek Tatanegara. 1972. Party Politics and the community justice and prosperity will be Pressure Groups. New York: Thomas Y. realized. At this level, this representative role Crowell. order of a democratic system became the decisions Friedrich-Ebert-Sttiftung. 2003. Demos Kratos, related to state affairs and governance in Indonesia DemokrasiPanduanbagiPemula. Jakarta: The in the future. Ridef Institute. Gamer, Bryan A. (eds.). 1999. Black’s Law Dictionary, Seventh Edition. St. Paul, Minn.: CONCLUSSION West Group. Goodman, William. 1956. The Two Party System in We can conclude that democracy is the the United States. Princeton, New Jersey: D. participation of all people in taking political Van Nostrand Company, Inc. decisions and run the government. Political Huntington, Samuel P. 1995. Terjemah Asril decision in question is a deal that is set to be a rule Marjohan. Gelombang DemokratisasiKetiga. that will govern the lives of all the people itself. Jakarta: PustakaUtamaGrafiti. Involvement and participation of the people is very Iver, Mac. 1954. The Web of Government. New fundamental in a democracy, because democracy is York: The Mac Millan Co. not only related to the purpose of an assessment is Koesnardi, Moh. danBintan R Saragih. 1995. llmu generated by a government, but also to the whole Negara. Jakarta: Gaya Media Pratama. process of making provision itself. For example, a Mayo, Henry B. 1960. An Introduction to government arbitrary (despotic) can also make Democratic Theory. New York: Oxford decisions in accordance with the will of its people University Press. as possible in accordance with the needs of the Mill, John Stuart. 1988. Utilitarianism Liberty people, but it cannot be called a democracy, Representative Government. London: JM because never involve citizens in setting each Dent & Sons Ltd. policy. Naning, Ramdlon. 1983. Citadan Citra Basically, democracy as a form or system of HakAsasiManusia di Indonesia. Jakarta: government that involves all people to participate LembagaKriminologi UI. and govern through the intermediary of their Nelson, William N. 1980. On Justifying Democracy. representatives, idea or view of life that promotes London: Routledge&Kegan Paul Ltd. equal rights and duties and equal treatment for all Nimtz, August H. Jr. Albany. 2000. Marx and Engels: citizens, through a process of democratization. Democratic revolutionaries, in Marx and Democratization is a process for realizing or Engels: Their Contribution to the Democratic enhances democratic life. There will be a problem Breakthrough. NY: State University of New if a state aspiration as a democratic state is not yet York Press. realized as expected. Therefore, democratization is Saragih, Bintan R. 1988. Lembaga Perwakilan dan defined as a process to overcome discriminatory Pemilihan Umum di Indonesia. Jakarta: Gaya restrictions. Overcoming discriminatory Media Pratama. restrictions that citizens and groups or segments of Soemantri, Sri, M. 1992. BungaRampaiHukum Tata society is not hindered by status or social rights is negara Indonesia. Bandung: Alumni. necessity, and participationcan be performed in Strong, C.F. 1966. Modern Political Constitutions. various activities involving public affairs and London: The English Language Book Society government. and Sidwgwick& Jackson Limited. Bibliography Warren, Harris G. at al. 1963. Our Democracy at Work. Englewood Cliffs, USA: Printice Hall, Inc. REFERENCES

76