Corporatism and 1945 Constitution
Legal Interpretation Towards 1945 Constitution and Minutes of Meeting of Investigative Body on Independence (BPUPK) and Preparation Committee on Indonesia’s Independence (PPKI) Regarding The Influence of Corporatism Within 1945 Constitution.
E. Fernando M. Manullang
Pages: 162 pages
Shipping Weight: 350 gram
ISBN (softcover) : 9789058507167
The manuscript basically reviews the influence of idea of Corporatism and its impacts within the Indonesian independence constitution; 1945 Constitution. As some scholars have noted that 1945 Constitution is most likely influenced by the idea of the Integralistic State. This idea was submitted by Professor Soepomo, one of the members of the BPUPK and PPKI. Professor Soepomo explains that there are 3 types of state; first, the Marxian State, second the Liberal State, and the third, Integralistic State. The Integralistic State is a state which roots on the idea of Hegel of totalitarian state, which the best ideal model is German. Professor Soepomo claims that the idea itself has been accepted and live out within the Indonesian society for ages. Therefore, his proposal has widely accepted by the whole members with some critics proposed by certain members, especially on the idea of basic rights which Professor Soepomo condemns that as form of liberal ideas. However, the process has gone into eclectic results which contains a mixture of Hegelian ideas and liberal ones on the concept of state. The problem is that all noted scholars does not realize that on July 11, 1945, Professor Soepomo delivered a speech in regards with the idea of Corporative State. Besides, such idea practically was affected in the administration of President Soekarno and President Soeharto as well. This two administrations have promulgated so many laws which roots on the idea Corporatism. For instance, these administrations apply a functional-centralized economic arrangements based upon the value of totalitarian state as we can find in the Chapter One of the manuscript. Uniquely, even though, the 1945 Constitution formally does not claim as a corporative constitution, most of the members delivered some speeches which has been influenced by the idea of Corporatism, especially when they agree on some ideas as we can read in the Chapter Four. Since the attention on such issue has never been attracting scholars, consequently there are no competitor books. This manuscript will be the first and the only one at the moment which envisages that Indonesian independence constitution has been influenced potentially by the idea of Corporatism.