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Implikasi Tentang Usulan Pengembalian Piagam Jakarta Kedalam Pembukaan UUD 1945

Yudanardi, Dani (2005) Implikasi Tentang Usulan Pengembalian Piagam Jakarta Kedalam Pembukaan UUD 1945. Other thesis, University of Muhammadiyah Malang.

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The object of this study is Jakarta Chapter, the most valuable historical document for the struggle of Indonesian independence. Jakarta Chapter is fundamental constitution which inside consist the values of Islamic sentence. In August 18th 1945 PPKI gathers in session to established the original text of Indonesian constitution and the preamble as main constitution for the Indonesian Republic. The history began to runs when the Islamic sentence "dengan kewajiban menjalankan syariat Islam bagi pemeluk-pemeluknya" was lessen and for the addition change into "the divinity of one God almighty" (Ketuhanan Yang Maha Esa). The Islamic representatives in committee of Indonesian Independence preparation are extremely felt up-set, after they knowing that the Islamic sentences are changing. The Islamic representatives assumed the Nationalist representatives betray the gentleman?s agreement which compromise granted based the spirit of to giving and to take. So, the history can?t be change. The delete of Islamic sentence on Jakarta Chapter is the matter of historical fallacies. It is certainly rise up the expression of Jakarta Chapter reversion propose. The aspiration has a desire to reverse back the Islamic sentence into Indonesian constitution preamble. The purpose of this study is trying to describe the exact reason about the purpose of Jakarta Chapter reversion propose, then analyzed the main imply of Jakarta Chapter reversion propose. This study using the legal opinion methods. The writing process of this study using the library research with descriptive approach obtain from the primary, secondary and tertiary legal source related books literature, article which gain from magazine, newspaper and the Internet source. The result of this study indicate that the luster of the reverse propose expression began with the assumption that the reverse of Jakarta Chapter is the entry point of sharia Islam Viability. The main implies are resulted firstly, if this reversion propose are instead to insist it could cause the negative implication above the state and the Islamic religion. The both sides became vise a vise and tend to confront, secondly, is possibility occur the discrimination policy for others religion faith. Thirdly, it could also turn the Islamic activist to disadvantage side. Fourthly, if the propose are granted so state position are changing, the state will absorb the Islamic values and also the state are strictly control the practice of sharia Islam in social activities. For the conclusion of this study, as the writer thought is extremely realize that the Islamic sentence formulation inside Jakarta Chapter are truly valuable but the priority of reverse back the Islamic sentence are seemed sensitive case. As if we had to determine at the both extreme side, to reverse or not to reverse. This study assumed that the President decree 5th July 1959 could be understand as the clarification decree to the position and the function of Jakarta Chapter. The discussion about Jakarta Chapter post decree can we thought as a guarantee for Islamic beliefs to remains practice the sharia Islam. The word "menjiwai" in the President decree could we positioning as the word which reflected the Islamic values inside Jakarta Chapter, it was so obvious there?s no need to arguing about to force the formalization of Islamic values inside the constitution of Indonesian Republic. The system of Indonesian country nowadays is the better idea as the constitution of Indonesian Republic also reflects the main principle of Islamic values.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law (74201)
Depositing User: Fitriana Kasiani
Date Deposited: 03 Dec 2015 06:20
Last Modified: 03 Dec 2015 06:20

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