MEMAKNAI KEMBALI KONSTITUSI KITA (Holisme Pembangunan Hukum di Indonesia)

Abstract

The development of law in Indonesia presently has entered the
transition period, that is, turning into paradigmatic law development, which is
based on authority, directing to emansipative law. This kind of position demands
some sort of enthusiasm to reinterpret our constitution, because basically as
quoted from Hegel’s philosophy, constitution is the “spirit” that will be capable of
leading this nation to get out of the crises, particularly crises of confidence in law.
As the “spirit”, constitution has consequently to be correctly comprehended
through the concept based on goodness, wisdom and justice, not on the contrary
like evil (wickedness), power and greed. Only with creativity and wisdom, our
constitution can be understood more holistically