Economic-Political Dynamics as A Legal Amendments Factor

Keywords

Economic Political Dynamic, Amendment’s, Factor, Economic System

Abstract

The study objective was determined the causes of amendment of Article 33 of 1945 Constitution. As a sociological law study, historic empirical data in the form of primary and secondary data collected through literature and interviews, to be analyzed to find the legal meaning contained in the amendment. The study results were showed that the amendment of Article 33 of 1945 Constitution from 3 verses to 5 verses is a form of “middle way” between the total changing of economic system (to liberal system) and maintaining the old economic system, kinship (cooperation). Parties who want changes were argued that the old provision was considered do not in accordance with the times, especially about the property, efficiency, and state position as a regulator. While the defending party was argued that the depleted natural resources was not caused by Article 33 is not sufficient in protection or wrong, but because economic democracy has been violated or not implemented. Contextually there is an “invisible hand” who wants liberal ideology through economists, international institutions, and political parties who consider economic failure due to state involvement by the New Order. In conclusion, the dynamics of economic-politics are the decisive factors in constitutional amendment. Therefore, the constitution understanding and its amendment is not sufficient with the legal approach alone, but also the contextual approach.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Al Mahmud Rasyid
AU  - Raharjo
PY  - 2018/12
DA  - 2018/12
TI  - Economic-Political Dynamics as A Legal Amendments Factor
BT  - Proceedings of International Conference on Issues in Social and Education Research (ICISER 2017)
PB  - Atlantis Press
SP  - 82
EP  - 86
SN  - 2352-5398
UR  - https://www.atlantis-press.com/article/55910571
ID  - Rasyid2018/12
ER  -