The Development of Islamic Constitutional Thought of the Mayumi and Its Influence in the Formulation of the Indonesian Constitution 1965-2002

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Haidaruddin, Amirul (2019) The Development of Islamic Constitutional Thought of the Mayumi and Its Influence in the Formulation of the Indonesian Constitution 1965-2002. Undergraduate thesis, UIN Sunan Ampel Surabaya.

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Abstract

The thesis entitled "the development of Islamic constitutional thought of the masyumi and its Influence in the Formulation of the Indonesian Constitution 1956-2002” aims to answer the question about what is the formulation of the Indonesian constitution 1956-2002 and what is the influence of the development of Islamic constitutional thought of the Masyumi in the formulation of the Indonesian constitution 1965-2002. Data of the research collected by library research study then processed and analyzed qualitatively and presented in descriptive form. data collected in the form of primary and secondary materials that discuss the main problem. The results of the study concluded that first, Improvements to the constitution are always carried out in order to bringing Indonesia towards a democratic and constitutional state through the Konstituante in 1965 to 1959, but the Konstituante was failed, then continued to the MPR in 1999 to 2002 in which it bringing fundamenal change to the 1945 Constitution where 46 items were changed and about 25 items were not changed, there also 174 additional provisions that has been made. Second, in the formulation of the Indonesian constitution, the Masyumi faction in the Konstituante (1956-1959) has the idea of a more modern body of constitution and in accord to the principles of constitutionalism. The basis of the state according to the Masyumi is a very fundamental things in the formulation of the constitution. In this case Masyumi insisted that the foundation of the state is Islam. But in its development, the basis of the Islamic state has not become important, it is seen in the thinking of the successor of the Masyumi, the Crescent and Star Party in the MPR (1999-2002) which no longer touches on the basis of the state, but still wants to reinserting the seven words in the Jakarta Charter. In accord with the conclusion above, further development of the Islamic constitutionalism thought by the Masyumi are needed, considering that the Masyumi party was the first and largest modernist party, not only in Indonesia but in the world. Modernization in the field of Islamic law should have been encouraged, especially relating to Islamic constitutional law, which at the moment does not develop and tends to stagnate, so it is no longer relevant if it is connected to modern problems. By referring to the thoughts of the Masyumi and its figures, it is expected to encourage renewal in the field of fiqh siyasah.