THE INDONESIAN LEGAL POLICY ON NATIONAL SECURITY LAW IN THE 1945 CONSTITUTION

  • Airlangga Surya Nagara, Hartiwiningsih, Isharyanto

Abstract

 In the Indonesian Legal System, Pancasila and the Preamble to the 1945 Constitution are the embodiments of social ideals and ethical judgments of the Indonesian people so that they become the ideal foundation in legal development and become the highest legal norms in the Indonesian Legal System. The articles of the 1945 Constitution as basic law constitute the concretization of the Pancasila and the Preamble to the 1945 Constitution which became the basis for legal development. Thus, the Preamble and Articles of the 1945 Constitution are the basis for the development of law in Indonesia, including the development of national security law. This paper is intended to analyze Indonesian legal policy on national security law in the 1945 Constitution. The results of the analysis of this paper indicate the inconsistency between the legal policy configuration of the national security law contained in the 1945 Constitution with the legal policy configuration of Article 30 of the 1945 Constitution. This mismatch results in a lack of clarity regarding the basic concepts of Indonesia's national security. The lack of clarity results in the lack of clarity about how the national security system will be built and can lead to various problems and confusion in its implementation into the law.

Published
2020-03-19
How to Cite
Isharyanto, A. S. N. H. (2020). THE INDONESIAN LEGAL POLICY ON NATIONAL SECURITY LAW IN THE 1945 CONSTITUTION. International Journal of Advanced Science and Technology, 29(4s), 842 - 847. Retrieved from http://sersc.org/journals/index.php/IJAST/article/view/6536