Jumat, 27 Agustus 2010

RELATIONSHIP BETWEEN FREEDOM AND Proclamation 1945

RELATIONSHIP BETWEEN FREEDOM AND Proclamation 1945
Proclamation of independence has a close relationship, can not be separated and is an integral part of the Constitution of 1945, especially the opening of the 1945 Constitution. Proclamation of independence with the Preamble of the 1945 is a unified whole. What is contained in the Preamble of the 1945 Constitution is a noble and sacred mandate of the Declaration of Independence August 17, 1945. Proclamation of Independence is a statement meaning of the Indonesian nation to ourselves and to the outside world that Indonesia has been an independent nation, and Such measures should be implemented immediately associated with the declaration of independence, it has been specified and a responsibility in the Preamble of the 1945 Constitution. This can be viewed at: 1) The first part (first paragraph) Proclamation of Independence ("We Indonesian people hereby declare the independence of Indonesia") received confirmation and explanation in the first paragraph until the 1945 opening of the third paragraph. 2) The second section (second paragraph) Declaration of Independence ("The things about the transfer of power and others are maintained in a way carefully and within the shortest possible") which is a mandate immediate action must be carried out which is the establishment of the Republic of Indonesia based on Pancasila and contained in the Preamble to the 1945 fourth paragraph. Opening 1945 with the 1945 Body Bar is the integral part. What is contained in the Preamble of the 1945 Constitution has been translated to clauses contained in the 1945 Body Bar. The main points contained in the Preamble to mind the 1945 dijelmakan in the articles of the Constitution of 1945. Therefore, it can also be concluded that the Preamble of the 1945 Constitution has the function or direct contact with the articles of the Constitution of 1945. Although the Preamble of the 1945 Constitution have a relationship that can not be separated with the Body 1945, but between them have a separate domicile. This is because that the Preamble of the 1945 Constitution is the basic fundamental rules of the State (staatsfundamentalnorm) which can not be changed by anyone except by forming the State. To be considered as a fundamental principal of State Rule (Staatsfundamentanorm) must memiiliki absolute elements, among others: 1. in terms of occurrence, determined by forming the State and came out in a declaration of birth as the incarnation of the will of forming the State to make certain things as the basics of the establishment of the State; 2. in terms of contents, includes the principal foundations of the state, which is the basic purpose of the State either general purpose or special purpose, state form, and the basic philosophy of the State (principle kerokhanian State). As explained in the discussion section Kebathinan atmosphere above the First Constitution, Preamble of the Constitution of 1945 has met the elements as a fundamental principal of State Rule (Staatsfundamentalnorm). The opening of the 1945 Constitution also has the nature of a higher legal standing than the pasalpasal in the Body of the Constitution of 1945. While the 1945 Body Bar is a translation of the main points contained in the Preamble to mind the 1945 has a flexible nature, can follow the changing times means making it possible to do the appropriate changes to the development era. Thus if we look at the relationship between the Declaration of Independence by the 1945 opening of a relationship a unitary whole, and the relationship between the opening of the 1945 Constitution with the 1945 Body Bar which is a direct relationship, it can be concluded that the Proclamation of Independence has a close relationship, can not be separated and is an integral part of the Constitution of 1945.

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