Corporatism and 1945 Constitution

Legal Interpretation Towards Constitution 1945 and Minutes of Meeting of Investigative Body on Independence (BPUPK) and Preparation Committee on Indonesia's Independence (PPKI) Regarding The Influence of Corporatism Within the 1945 ConstitutionBy E. Fernando M. Manullang

This book reviews the influence of the idea of corporatism and its impacts within Indonesia's 1945 independence Constitution. As some scholars have noted, the 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 three types of State: the Marxian State, the Liberal State, and the Integralistic State. The Integralistic State is a State with roots from the idea of Hegel of a totalitarian State, which the best ideal model is German. Professor Soepomo claims that the idea itself has been accepted and has lived out within the Indonesian society for ages. Therefore, his proposal has been widely accepted by whole members, with some critics proposed by certain members, especially on the idea of basic rights which Soepomo condemns as a 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 did not realize that, on July 11, 1945, Soepomo delivered a speech in regards with the idea of Corporative State. Besides, such an idea practically was affected in the administration of President Soekarno and President Soeharto as well. These two administrations have promulgated so many laws with roots on the idea Corporatism. For instance, these administrations apply functional-centralized economic arrangements based upon the value of a totalitarian State as found in the first chapter of this book. Uniquely, even though the 1945 Constitution formally was not claimed as a corporative constitution, most of the members delivered some speeches which have been influenced by the idea of Corporatism, especially when they agree on some ideas. This book is the first and only that envisages that Indonesian independence constitution having been influenced potentially by the idea of Corporatism.

162 pages

Publication Date: 10/1/2001
Format: Paper
ISBN: 9789058507167