The Relationship of Constitutional Law with Other Sciences and The Sources of Constitutional Law

- THE RELATIONSHIP BETWEEN CONSTITUTIONAL LAW AND OTHER SCIENCES.

• Constitutional Law and Political Science

The relationship between constitutional law and political science is described by Barent with the analogy of a skeleton (constitutional law) and the meat attached around it (political science). In studying constitutional law, political science is needed as an introduction to find out what is behind the meat around the human body skeleton to be studied. Constitutional law deals with political bodies or state bodies where political activities are witnessed. While politics is an activity related to state institutions such as the activity of forming laws and implementing orders from these laws. Constitutional law studies legal regulations governing the organization of state power. Meanwhile, political science studies power from the aspect of the behavior of power.

Constitutional law and political science study the same object, namely the state. Every law product is the result of a political process or political decision because in essence every law is compiled and formed by political institutions, while constitutional law sees the law as a legal product created by state equipment that is authorized through procedures that have been determined by constitutional law. Thus, constitutional law formulates the basis of political behavior or power, which in turn is political science that gives birth to human constitutional law.

• Constitutional Law with State Science

State science is an introductory science to the study of constitutional law. State science makes the main principles and basic notions about the state and state law in general as its object of investigation. While constitutional law makes positive law that applies at a time in a place as the object of investigation. State science prioritizes scientific theoretical value while constitutional law also deals with its legal norms in a positive sense. State science is an introductory lesson and the main basic science for the lesson of constitutional law, because constitutional law cannot be studied scientifically and regularly if it has not learned knowledge about the main notions and main joints of the state in general derived from state science. State science is more concerned with its theoretical value, so it does not prioritize how a law is carried out. Meanwhile, constitutional law prioritizes practical values that can be directly used in practice by legal experts who sit as state officials and government officials based on their respective fields of work.

• Constitutional Law with State Administration Law

The relationship between Constitutional Law and State Administration Law lies in the object of the state being studied, namely the state at rest (constitutional law) and the state in motion (state administration law). Constitutional law and state administration law have the same field of inquiry. The difference between the two lies in the approach used by each science to conduct scientific investigations. Constitutional law seeks to know the ins and outs of state organizations and other bodies. Meanwhile, state administrative law requires how the state and state organs carry out their duties.

Without constitutional law the state bodies or organs will be paralyzed like without wings, because these organs do not have the authority that makes the situation uncertain. Conversely, without state administrative law state bodies would be free without limits which results in those ruler or government official can do what they want. While constitutional law covers the structure, duties, powers and manner in which state bodies perform their duties, administrative law contains other, more detailed sections.

• Constitutional Law with Biological Sciences

The heart is a human organ that has been arranged to function in pumping blood throughout the body. Likewise, other organs will work according to their respective duties and functions. It can be said that the human body is a series of organs that work according to the laws by which it was created. In the context of the state, it is no different from the human body. The state moves with organs. If these organs do not exist, the state will only be a static theoretical fiction. It can be compared to the executive organs of the state, there is a tangle of organs such as the president, Ministers, governors, regents and so on.

When described, apart from being assisted by the Minister the president has many other supporting organs. Or under the support of the Minister there is a secretary general, director general, deputy, head of section and other structures, where the series works respectively based on different tasks and functions. In biology, human organs are studied in detail about the functions and duties of each organ. Meanwhile, in constitutional law, the organs of the state also get a serious part to study because that is the object of constitutional law.

• Constitutional Law and Public International Law

Constitutional law and public international law are branches of public law. Although both have different objects of legal attention. Constitutional law studies the state from its internal structure. Meanwhile, public international law studies legal relations between states externally. Constitutional law and public international law have a very close relationship because both examine and regulate state organizations. Where international law studies and regulates the external relations of the state while constitutional law studies and regulates internal relations within the state under study. For example, international law examines the concept of external sovereignty in interstate relations, while in constitutional law the perspectives discussed are internal such as theories about the sovereignty of God, legal sovereignty, popular sovereignty and so on.

- SOURCES OF CONSTITUTIONAL LAW

The source of law is any form of rule that gives rise to a sanction if the rule is violated by an individual or legal entity or institution that is the subject of law. Sources of law can have several meanings, namely: a) as a legal principle; b) is a previous law that is the material or reference for the current law; c) is the source of the enactment of legal regulations that provide formal strength; d) as the origin of legal recognition, and; e) as a source of legal occurrence. Sources of Constitutional Law are divided into two, namely formal and materiil sources of law. The source of materiil law explains the legal substance of a society, while the source of formal law explains the form of law.

Sources of materiil law are the embodiment of individual legal beliefs/feelings (community members) and legal opinions that contain legal substance in the form of agreements, customs and so on that can influence the formation of law. In constitutional law, sources of materiil law derived from the feelings of the community can include public opinion, socio-economic conditions, history, sociology, scientific research results, tradition philosophy, religion, morals, international developments, geography, and legal politics.  In Indonesia, Pancasila is the philosophical raw material for the preparation of all laws and regulations. The values contained in Pancasila are the basis for the formation of formal law.

In addition to materiil sources of law, constitutional law also has formal sources of law that relate to the sources of positive law that apply and become the basis for the formation of political systems, legal systems, government systems, state institutions, and other broader constitutional life. Sources of formal law in constitutional law are: 1) Legislation, namely: a) The 1945 Constitution of the Republic of Indonesia (UUD NRI 1945); b) MPR Decree; c) Law/Presidential Regulation in Lieu of Law; d) Government Regulation; e) Presidential Regulation; f) Provincial Regional Regulation; g) Regency/City Regional Regulation; h) Village Regulation; 2) Constitutional Customs or Conventions; 3) Jurisprudence; 4) Treaties; 5) Doctrine.

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