Jurnal Konstitusi
Vol. 20 No. 3 (2023)

The Overlapping Consensus in the Indonesian Constitution and Its Challenges: Konsensus Berkeadilan dalam Konstitusi Indonesia dan Tantangan-tantangannya

Sunaryo, Sunaryo (Unknown)



Article Info

Publish Date
01 Sep 2023

Abstract

Pancasila and UUD 1945 form the foundation of Indonesia's social unity. This article analyzes whether Pancasila and UUD 1945 align with John Rawls' criteria of overlapping consensus. The article concludes that the agreement among Indonesia's founding fathers fulfills the requirements of an "overlapping consensus." This consensus encompasses principles of justice that remain independent of any comprehensive doctrine, ensuring the protection of citizens' fundamental rights and the most disadvantaged groups. Despite its imperfections, this consensus significantly contributes to Indonesian social unity. Nevertheless, the reality is marked by challenges and threats that require resolution. Some groups seek to dominate others, and specific rules deviate from the principles of justice. The state and society's commitment to uphold the overlapping consensus is crucial. Among the institutions entrusted with maintaining this consensus is the Constitutional Court.

Copyrights © 2023






Journal Info

Abbrev

jk

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics in the fields of Constitutional Law and another ...