Sources of Constitutional Law and Their Relationship with Other Sciences.

 Sources of Constitutional Law and Their Relationship with Other Sciences.

A country's Constitutional Law is a system that is related to the lifestyle, thought patterns and value patterns of a sovereign society. When talking about Constitutional Law, it is always tied to a strategy of society as citizens in maintaining their self-respect as a nation. When discussing Constitutional Law, we need to know the source of Constitutional Law.

In general, state sources can be divided into two parts, namely: Formal Legal Sources and Material Legal Sources.

Material Sources of Constitutional Law

Materially, the source of Constitutional Law is a source of law that determines the content of the rules of Constitutional Law. According to Bagir Manan as quoted by Ni'matul Huda in Indonesian Constitutional Law, the sources of material constitutional law consist of (p. 32):

1. Foundations and outlook on state life;

2. Political forces that influence the formulation of constitutional law rules.

Meanwhile, according to Jimly Asshiddiqie in his Introduction to Constitutional Law, the source of material constitutional law is Pancasila. According to Jimly, the Indonesian people's outlook on life is reflected in the formulation of the Pancasila principles which have become the philosophy of state life. As a source of material law, Pancasila must be implemented by and in every Indonesian legal regulation (p. 197).

It can be seen in Article 22 of Law Number 12 of 2011, which also confirms that Pancasila is the source of all sources of state law. This means that Pancasila is a source of material law, including in the field of constitutional law.

When viewed formally

1. Constitution

According to Jimly Asshiddiqie, the constitution is the basic law, basic norms, and has the highest position in the state system.

The constitution itself can be divided into two, namely the written constitution and the unwritten constitution.

* Written constitution

A written constitution is a constitution in the narrow sense, commonly known as a basic law.

In Indonesia, the 1945 Constitution is a written source of basic law that regulates state matters as well as the legal basis for the provisions contained in the regulations below it (p. 198).

* The constitution is not written

An unwritten constitution is a constitution in the broadest sense, which lives in legal consciousness and idealized state administration practices.

Relationship between Constitutional Law and other sciences:

The constitution examines the regulations governing the implementation of state power, while political science examines power from the perspective of its actions. Because all laws are basically designed and formed by political institutions, all legal outcomes are the result of political processes or decisions.

On the other hand, the constitution views law as a legal product formed by state facilities that are given by law. Authority through procedures and procedures established by the Constitution.

In other words, political science produces constitutional experts, and the constitution establishes the basis for political action/political power.

According to Barents, the constitution is like a human skeleton, and political science is like the flesh that covers that skeleton

Reference:

Jimly Asshiddiqie. Pengantar Ilmu Hukum Tata Negara. Jilid I. Jakarta: Sekretariat Jenderal dan Kepaniteraan Mahkamah Konstitusi RI. 2006;

Ni’matul Huda. Hukum Tata Negara Indonesia. Edisi Revisi. Jakarta: Rajawali Press, 2012.