CONSTITUTIONAL CONVENTION IN INDONESIA NATIONAL LAW SYSTEM AFTER THE REFORMATION

  • Rivan Rinaldi Universitas Kader Bangsa
Keywords: convention, norm, practices, tradition.

Abstract

In a country that adheres to the common law principle, constitutional conventions are something that is common even in fact almost all constitutional processes are not regulated in the law but only regulated by conventions or constitutional habits.[1] However, in a country that adheres to the principle of civil law, constitutional conventions are arguably rare or have no existence at all. That is because all the constitutional processes in a country that adheres to the principle of civil law are identical to the norms in the legislation.Since reform era,`The Constitutional Convention as written constitution began to be eroded by the formalization of the law. Almost all the traditions of the Indonesian constitution are currently formulated in the form of legislation As one of the sources of law, its existence should be maintained, although this characteristic is rare in a country that adheres to the principle of civil law. In Indonesia this convention slowly began to vanished, because all conventions tended to be regulated in written regulations. If this condition is maintained continuously, the convention as a source of law will become extinct. The type of research data is secondary data with primary legal material and secondary legal material. The collection technique is library research. While the data analysis technique used is descriptive qualitative.. This article tries to look at the conventions that are left now in the Indonesian constitutional system, and how we place them in the national legal system as an effort to keep tradition in Indonesian constitutional.

 

 

Published
2020-03-02
How to Cite
Rinaldi, R. (2020). CONSTITUTIONAL CONVENTION IN INDONESIA NATIONAL LAW SYSTEM AFTER THE REFORMATION. KADER BANGSA LAW REVIEW, 2(1), 58-70. Retrieved from http://ojs.ukb.ac.id/index.php/kblr/article/view/110