Bita Gadsia Spaltani S.H., M.H. - Demokrasi

Summary

This lecture explores the meaning and principles of democracy, tracing its origins to ancient Athens. It discusses how democracy is defined as government by the people and examines Indonesia's democratic system based on Pancasila values. Key elements include equality, people's sovereignty, and good governance. The lecture also covers the historical development of democracy, the role of the constitution, and the importance of protecting minority rights and human rights. Examples of Indonesia's democratic practices, such as the amendment of Pancasila and the division of powers, are highlighted.

Takeaways

• 📖 Democracy originates from the Greek words 'demos' (people) and 'kratos' (government), meaning government by the people.
• 🏛️ The first democracy was practiced in ancient Athens, where decisions were made directly by citizens.
• 🤔 Socrates was skeptical about democracy, believing that only knowledgeable individuals should select leaders.
• 🗳️ Democracy involves governance based on the majority's will, emphasizing the sovereignty of the people.
• 🇮🇩 Indonesia is a democratic country, as stated in the Preamble and Article 1 of the 1945 Constitution.
• 📜 Indonesia practices constitutional democracy, ensuring government power is limited by laws.
• ⚖️ Constitutional democracy has four main features: laws affecting citizens, preventing arbitrary power, an independent judiciary, and guaranteeing human rights.
• 🇮🇩 Indonesia's democracy is based on Pancasila, which includes principles of equality, people's sovereignty, and good governance.
• 👐 Pancasila democracy has three main principles: love for the people, deliberation for consensus, and respect for human rights.
• 🔄 Key characteristics of Pancasila democracy include constitutional governance, regular elections, human rights protection, minority rights, deliberation, and power division among executive, legislative, and judicial branches.

Q & A

What is the origin of the term 'democracy'?

The term 'democracy' originates from the Greek language, derived from two words: 'demos' meaning people, and 'kratos' meaning governance. Thus, democracy implies governance based on the people.

Where and when did the concept of democracy first begin?

Democracy first began in the city of Athens during ancient Greece, estimated to have been practiced in the 4th century BCE and continued until the 6th century BCE.

What is the historical significance of the Parthenon in relation to democracy?

The Parthenon is a historic building in Athens, built for the goddess Athena, and it is considered a symbol of democracy.

What was the unique characteristic of democracy in Athens?

In Athens, a unique characteristic of democracy was the practice of direct democracy, where decisions were made by all citizens.

What was Socrates' view on democracy as presented by Plato in 'The Republic'?

In Plato's 'The Republic', Socrates expressed skepticism and pessimism towards democracy, arguing that it should be those with knowledge and rationality who should choose the leaders, not just every citizen based on intuition.

What is the definition of democracy according to Sidney Hook?

According to Sidney Hook, democracy is a form of government where decisions are based on the agreement of the majority, implying that democracy is the highest form of sovereignty, with power in the hands of the people based on the majority vote.

How is the power in a democracy obtained according to social contract theory?

In social contract theory, power in a democracy is obtained based on an agreement or contract from the society, where the majority's voice is considered the community's consent to grant power to trusted individuals.

What are the four main characteristics of constitutional democracy?

The four main characteristics of constitutional democracy are: 1) laws affecting the status of citizens are democratically formed by the parliament, 2) prevention of arbitrariness or abuse of power, 3) the establishment of an independent and free judiciary to review laws and government actions, and 4) guarantees of basic human rights.

Is Indonesia a democratic country according to its constitution?

Yes, Indonesia is a democratic country as stated in the preamble of the 1945 Constitution and explicitly mentioned in Article 1, Paragraph 2, which states that sovereignty lies with the people.

What is Pancasila Democracy and how is it different from other forms of democracy?

Pancasila Democracy is a form of democracy that is inspired and driven by the values of Pancasila, the philosophical foundation of the Indonesian nation. It is based on the principles of equality, people's sovereignty, and good governance, with a strong emphasis on recognizing and protecting basic human rights.

What are the three main principles of Pancasila Democracy according to Professor Jimly Asshiddiqie?

The three main principles of Pancasila Democracy according to Professor Jimly Asshiddiqie are: 1) equality of all citizens before the law, 2) people's sovereignty, and 3) good governance that is open and accountable.

What are the three foundations of Pancasila Democracy?

The three foundations of Pancasila Democracy are: 1) the principle of people's sovereignty (kerakyatan), which is the awareness of loving the people and having a people's spirit, 2) the principle of deliberation and consensus (musyawarah), which involves considering societal aspirations to find a consensus, and 3) the principle of guaranteeing basic human rights (asetet), ensuring equality before the law and the same basic rights for all citizens.

What are the characteristics of Pancasila Democracy in Indonesia?

The characteristics of Pancasila Democracy in Indonesia include: 1) governance based on the 1945 Constitution, 2) consistent and continuous implementation of elections, 3) guarantee of basic human rights, 4) protection of minority groups, 5) deliberation for consensus (musyawarah), and 6) the trias politika, which is the separation of powers into executive, legislative, and judicial branches.

Can you provide an example of Pancasila Democracy in practice in Indonesia?

An example of Pancasila Democracy in practice in Indonesia is the protection of minority groups, such as the removal of the seven words in the first principle of Pancasila during the independence era, which originally stated 'monotheism based on the obligation to implement Islamic law', and was changed in the Jakarta Charter to avoid discrimination against non-Muslim groups.