Kukuh Fadli Prasetyo, Kukuh Fadli
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Politik Hukum di Bidang Ekonomi dan Pelembagaan Konsepsi Welfare State di dalam Undang-Undang Dasar 1945 Prasetyo, Kukuh Fadli
Jurnal Konstitusi Vol 9, No 3 (2012)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (509.376 KB) | DOI: 10.31078/jk%x

Abstract

Welfare state conception has been adopted in the substance of the 1945 Constitution of Republic Indonesia (UUD 1945), that extracted in fourth paragraph of Preambule of UUD  1945,  by  posting  the  phrase  ‘to  improve  public  welfare’  as staatsidee of Republic of Indonesia. In amendment of UUD 1945, UUD 1945 determines economic democracy principles, as prescribed in Article 33 paragraph (4) UUD 1945. In its economic democracy, there is efficiency with justice principle that recognized as capitalistic unsure which lifts the spirit of neoliberalism. After analysing that corelation, I found and identify that some unsures of neoliberalism has been emulted in some legal policy in economic issued by the Administration of Indonesia, such as privatisation, market regulation, deregulation, and reducing public spending.
TWO IDEAS OF ECONOMIC DEMOCRACY: CONTEXTUAL ANALYSIS ON ROLE OF INDONESIAN CONSTITUTIONAL COURT AS A GUARDIAN OF DEMOCRACY Prasetyo, Kukuh Fadli
Indonesia Law Review
Publisher : UI Scholars Hub

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Abstract

This study analyses the role of guardian of democracy performed by Indonesian Constitutional Court in reinterpreting the ideas of economic democracy. Although, in the 1945 Constitution, the economic democracy is well-derived from the mind’s eye of social justice which is established in Pancasila, some economic legislations tends to ignore the idea of economic democracy. Therefore, the Constitutional Court examined the disputed norms through constitutional review in order to maintain constitutional economic order. Besides, as elaborated by the Writer, the “ratio decidendi” stood behind some Constitutional Court’s verdicts used an approach which kept the two fundaments of democracy maintained. Apparently, as the guardian of democracy – not merely the protector of human rights, the Constitutional Court considered the conceptions of freedom and equality consecutively in its judicial verdicts. In this context, if liberty and equality are embodied at proportional measures in Indonesian democracy, the general welfare idealised in the Preamble of the 1945 Constitution will be promoted in our national life.