THE POWER TO ESTABLISH THE CONSTITUTION IN DEMOCRATIC SYSTEM

Abstract

The modern state has a form of government or a people-dominated regime. By calling that regime “Democracy,” in which the people are the highest authority in the state with a democratic form of government. Nowadays, the democratic form of government is widely accepted and has been adopted by countries worldwide. They seek the people's general will to determine the relationship structure of political institutions and organisations that use state power. Both organisations exercise legislative, executive, and judicial power, as well as establish criteria to protect the rights and liberty of the people, which is the heart of a democracy. And the agreement between the people that happened is a “Social Contract.” When the people have come together to determine guidelines for governing the country according to their common will, providing a “constitution” to use the constitution as “Supreme Law of the Land” is a necessary process that the state must take in the next step. Therefore, in using supreme power to establish a political organisation, constituent power is used by reorganising the constitution, also known as the constitution's establishment. It is, therefore, essential for every country. The person with the power to create a constitution must be the supreme authority of the state, the Supreme Authority, or its owner. “Sovereignty” is true in countries with democracy. The actual owner of sovereignty is the “people.”