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SEKILAS TENTANG HUKUM TATA NEGARA

SEKILAS TENTANG  HUKUM TATA NEGARA

 

Istilah Hukum Tata Negara (HTN) merupakan padanan dari istilah dalam bahasa Belanda “Staatsrecht”, dalam bahasa Inggris “Constitutional Law”, dalam bahasa Jerman “Verfassungsrecht”, atau dalam bahasa Perancis “Droit Constitutionel”.

Pengertian Hukum Tata Negara menurut M. Kusnardi dan Harmaily Ibrahim, yaitu “Sekumpulan peraturan hukum yang mengatur organisasi daripada negara, hubungan antar alat perlengkapan negara dalam garis vertikal dan horizontal, serta kedudukan warga negara dan hak – hak azasinya”.

R.G. Kartasapoetra mengemukakan bahwa Hukum Tata Negara adalah: “Sebagai sekumpulan hukum yang mengatur tentang keorganisasian suatu negara, atau hubungan antara alat perlengkapan negara dalam garis koordinasi vertikal dan horizontal, tentang kedudukan warga negara pada negara itu beserta hak – hak azasinya”.

Sampai saat ini belum ada kesatuan pendapat mengenai pengertian Hukum Tata Negara. Ada suatu pengertian yang luas mengenai Hukum Tata Negara, namun tidak mendalam. Dalam pengertian tersebut dikatakan bahwa Hukum Tata Negara merupakan bagian dari hukum mengenai sistem pemerintahan suatu negara. Sebaliknya, ada pengertian yang sempit dari Hukum Tata Negara, seperti dikemukakan oleh Maurice Duverger, yang mengatakan bahwa Hukum Tata Negara hanya peraturan mengenai lembaga – lembaga politik (lembaga – lembaga negara) dan fungsi – fungsinya, mengenai kedudukan warga negara tidak dinyatakan secara eksplisit.

Jimly Asshiddiqie mengatakan bahwa sebagai doktrin ilmu pengetahuan hukum, Hukum Tata Negara lazimnya dipahami sebagai bidang ilmu hukum tersendiri yang mengenai struktur ketatanegaraan dalam arti statis, mekanisme hubungan antara kelembagaan negara, dan hubungan antara negara dengan warga negara. Dalam arti luas, Hukum Tata Negara mencakup pula Hukum Administrasi negara (HAN) sebagai aspek Hukum Tata Negara dalam arti dinamis.

Menurut  Jimly Asshiddiqie bahwa untuk membedakan antara bidang Hukum Tata Negara yang bersifat umum, dalam arti tidak terbatas kepada satu negara dengan bidang Hukum Tata Negara dari suatu negara, maka Hukum Tata Negara Indonesia dibedakan antara Hukum Tata Negara Umum dan Hukum Tata Negara Positif. Hukum Tata Negara Umum disebut pula Pengantar Hukum Tata Negara, yakni mengenai teori – teori ketatanegaraan secara umum, sedangkan Hukum Tata Negara Positif hanya membahas konstitusi yang berlaku di Indonesia saja. Hukum Tata Negara memiliki pula cabang ilmu khusus yang melakukan kajian perbandingan antar berbagai konstitusi, yaitu Hukum Tata Negara Perbandingan atau Ilmu Perbandingan Hukum Tata Negara.

About Author: Appe Hamonangan Hutauruk

Appe Hamonangan Hutauruk selaku Penulis tunggal pada Website: "Law Firm Appe Hamonangan Hutauruk & Associates" adalah seorang "Pegiat Penegakkan Hukum dan Hak Asasi Manusia" serta "Pemerhati Sosial Kemasyarakatan" yang berprofesi sebagai Advokat (Advocate), Konsultan Hukum (Legal Consultant) dan Dosen (lecturer) pada salah satu Universitas swasta di Jakarta, selain itu juga menduduki jabatan sebagai Ketua Umum pada Lembaga Swadaya Masyarakat (LSM) bernama "Komunitas Masyarakat Anti Korupsi dan Penggelapan Pajak (KOMAKOPEPA). youtube.com/c/BeritaHukumKebijakanPublik

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