Abstract
The existence of constitution is closely related to political life and institutions of state power. It is the nature of human life. A tendency to put the foundation of political life and law above the highest righteousness as the “Basic Law”, a reflection of human nature; wants to rely on the highest righteousness in norms, both religious (medieval constitutionalism phenomenon) and legal (modern century constitutionalism phenomenon). Constitution as a state philosophy reflects virtue as the foundation of state philosophy. Keywords : Constitution, Nature, Basic Law, State Philosophy DOI : 10.7176/JLPG/82-12
Highlights
History of constitution in the historical phase of civilization is geographically divided into two, namely Western and Eastern civilization
Following the historical logic built by Jimly Assidiqie when mapping the constitution history in relation to constitutionalism (Jimly Assidiqie, 2010), the flow of constitution history and the idea of constitutionalism began from the era and heritage of ancient Greek, with particular attention to the works of Plato and Aristotle in The Law (Nomoi) and Politics
Referring to the definition of basic law as a guide in the administration of state (Jimly 2010); as a direction for how the government has the authority to organize the implementation of state power (I Dewa Gede Atmaja 2014); and as a degree of constitutional supremacy where it is in the highest position in the legal order of state (Dahlan Thaib, et.all. 2004), the term basic law can be understood as a functional derivation of the scope dimension of constitution concept
Summary
History of constitution in the historical phase of civilization is geographically divided into two, namely Western and Eastern civilization. Referring to the definition of basic law as a guide in the administration of state (Jimly 2010); as a direction for how the government has the authority to organize the implementation of state power (I Dewa Gede Atmaja 2014); and as a degree of constitutional supremacy where it is in the highest position in the legal order of state The meaning of ‘state’ as a ‘human need’ reflects a thought explaining that: naturally, there are basic needs in the soul, about the urgency of social life through organization for the ideal goal desired by humans.
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