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ARTES LIBRES INSTITUTUM Bukit Baruga, No. 16, Antang, Manggala Kota Makassar, Sulawesi Selatan Indonesia
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INDONESIA
Indonesian Constitutional Studies
Published by ARTES LIBRES INSTITUTUM
ISSN : -     EISSN : 31636942     DOI : -
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Indonesian Constitutional Studies is an international peer-reviewed scholarly journal published by ARTES LIBRES INSTITUTUM that provides an authoritative platform for critical and interdisciplinary discussions on constitutionalism, constitutional governance, and democratic transformation in Indonesia within both regional and global contexts. The journal is committed to promoting high-quality academic research that advances theoretical, doctrinal, socio-legal, and comparative perspectives on the development, interpretation, and implementation of the Indonesian Constitution. The journal emphasizes original contributions that examine the interaction between constitutional law and broader political, social, economic, cultural, technological, and environmental dynamics affecting contemporary governance. Indonesian Constitutional Studies encourages innovative and critical scholarship that not only addresses constitutional doctrines and institutions but also evaluates their practical implications for democracy, justice, public accountability, human rights protection, and sustainable governance.
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Articles 5 Documents
 1 
Beyond Symbolic Recognition: Constitutional Reform for Indigenous Peoples’ Rights in Indonesia’s Plural Democracy Andry Wikra Wardhana Mamonto; Yosia Hetharie
Indonesian Constitutional Studies Vol. 1 No. 1 (2025): Indonesian Constitutional Studies, April 2025
Publisher : ARTES LIBRES INSTITUTUM

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Abstract

This research examines the limits of Indonesia’s constitutional recognition of indigenous peoples and proposes a reform agenda to move beyond symbolic acknowledgment toward substantive constitutional guarantees. The study is motivated by the enduring gap between Article 18B(2) of the 1945 Constitution, which conditionally recognizes “masyarakat hukum adat,” and the lived reality of indigenous communities who continue to experience dispossession, marginalization, and exclusion from decision-making processes. The objective is to assess why recognition remains symbolic and how constitutional reform can ensure enforceable rights consistent with democratic pluralism and global normative standards. Employing a normative legal research method, the study combines statutory, doctrinal, and jurisprudential analysis with comparative constitutional approaches and conceptual frameworks of constitutionalism, multicultural citizenship, and recognition theory. It draws upon global experiences, particularly from Latin America, Canada, and New Zealand, where constitutional reforms have embedded indigenous rights as substantive guarantees through plurinational frameworks, fiduciary obligations, and institutionalized legal pluralism. The results demonstrate that Indonesia’s recognition remains conditional, fragmented, and weakly institutionalized, rendering it ineffective in protecting indigenous peoples’ rights. In contrast, comparative models illustrate that recognition must be unconditional, operationalized through independent institutions, and grounded in legal pluralism. The findings suggest that sustainable reform in Indonesia requires rearticulating constitutional language, establishing an independent commission on indigenous rights, strengthening judicial enforcement, integrating indigenous legal systems, and linking recognition to environmental stewardship and democratic participation. Ultimately, this research contributes to global debates on indigenous constitutionalism by offering a prescriptive model for reform that positions Indonesia to embody its constitutional motto of “unity in diversity” in both principle and practice.
Breaking the Constitutional Poverty Trap: Socio-Economic Rights and Inequality in Indonesia’s Constitutional Framework Riska Alkadri; Souad Ezzerouali; Ridwan Arifin
Indonesian Constitutional Studies Vol. 1 No. 1 (2025): Indonesian Constitutional Studies, April 2025
Publisher : ARTES LIBRES INSTITUTUM

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This study examines the paradox of socio-economic rights within Indonesia’s constitutional framework, demonstrating how their formal recognition has failed to alleviate entrenched inequality, resulting in what can be termed a “constitutional poverty trap.” The primary objective is to analyze the disjunction between constitutional text and social reality, interrogating why constitutional guarantees of education, health, work, and social security have not produced substantive equality. To address this, the research employs a normative legal method, drawing on statute, conceptual, comparative, and case approaches. This methodology allows a critical assessment of the 1945 Constitution’s provisions on socio-economic rights, the Constitutional Court’s jurisprudence, and comparative insights from jurisdictions such as South Africa, India, and Latin America, where doctrines of progressive realization and judicial activism have been developed. The results indicate that while Indonesia’s Constitution embodies robust socio-economic commitments, weak enforcement mechanisms, limited judicial intervention, institutional inefficiency, and oligarchic dominance have prevented these rights from being realized in practice. Moreover, decentralization has generated uneven regional capacities, producing geographic inequality in access to education, healthcare, and social protection. The findings suggest that breaking the constitutional poverty trap requires a multidimensional strategy: strengthening constitutional jurisprudence with doctrines of enforceability, enhancing institutional capacity and accountability, reforming political finance to reduce elite capture, and aligning constitutional guarantees with the United Nations Sustainable Development Goals to ensure inclusivity and intergenerational equity. Ultimately, the study contributes to the broader discourse on constitutionalism by arguing that socio-economic rights must be reframed not as symbolic provisions but as binding obligations integral to sustainable development and democratic consolidation.
Faith, Fear, and the Constitution: Religious Freedom and Identity Politics in Indonesia’s Constitutional Jurisprudence Muhtar Said; Ridwan Arifin; Zaka Firma Aditya
Indonesian Constitutional Studies Vol. 1 No. 1 (2025): Indonesian Constitutional Studies, April 2025
Publisher : ARTES LIBRES INSTITUTUM

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This study investigates how Indonesia’s Constitutional Court has navigated the dialectic of faith, fear, and the Constitution in its jurisprudence on religious freedom, with particular attention to the implications for pluralism and democratic sustainability. The primary objective is to assess whether the Court has upheld constitutional guarantees of religious liberty or accommodated majoritarian pressures by institutionalizing fear as a constitutional principle. Employing a normative legal research method, the study draws upon a statute approach to analyze constitutional provisions, a case approach to scrutinize landmark decisions such as the 2010 Blasphemy Law ruling, a conceptual approach grounded in theories of constitutional pluralism and militant democracy, and a comparative approach referencing jurisprudence in India, Europe, and North America. The results reveal that while the Court affirms religious freedom in principle, its jurisprudence selectively protects faith, privileging majority interpretations and relegating minority beliefs to conditional entitlements. Fear of unrest and disorder has become a central justification for rights restrictions, reshaping constitutional protections into negotiable privileges rather than universal guarantees. The findings demonstrate that the Constitution itself functions as both a site of principle and pragmatism, oscillating between normative commitments to equality and pragmatic deference to political pressures. Sustainable constitutionalism in Indonesia requires reinterpreting the Constitution as a guarantor of pluralism, reinforcing judicial courage, and embedding international human rights standards into domestic jurisprudence. This research contributes to global debates on religion, identity politics, and constitutional democracy in plural societies.
From Silence to Voice: Constitutionalizing Gender Parity and Political Inclusion in Indonesia’s Electoral Democracy Budi Purwanto; Ngabowaji Daniel Nte; Muhammad Ikbal
Indonesian Constitutional Studies Vol. 1 No. 1 (2025): Indonesian Constitutional Studies, April 2025
Publisher : ARTES LIBRES INSTITUTUM

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Abstract

This study examines the constitutionalization of gender parity as a response to women’s persistent underrepresentation in Indonesia’s electoral democracy. The research objective is to explore how constitutional guarantees of equality have been translated into political practice, why the implementation of gender quotas has yielded limited outcomes, and how these dynamics intersect with broader socio-economic inequalities. Employing a normative legal research method combined with a comparative constitutional approach, the analysis draws on constitutional provisions, statutory law, and Constitutional Court jurisprudence, while situating Indonesia’s experience alongside global cases, particularly from Latin America, where gender parity has been constitutionally entrenched. The findings indicate that Indonesia’s constitutional architecture provides formal recognition of equality but remains trapped in what can be described as a constitutional poverty trap: rights exist in the text but are unrealized in practice. Political parties act as decisive gatekeepers, often circumventing quota requirements by relegating women to unelectable positions or nominating candidates without sufficient resources, while the financialization of electoral politics and entrenched patriarchal norms further obstruct women’s inclusion. Comparative evidence from countries such as Bolivia and Mexico demonstrates that embedding parity as a constitutional principle, coupled with judicial enforcement and socio-economic reforms, can yield transformative outcomes. The study concludes that breaking the cycle of exclusion requires strengthening constitutional jurisprudence, reforming political party laws, regulating campaign finance, and integrating socio economic rights into the gender parity discourse. By doing so, Indonesia can move from symbolic recognition to substantive realization, transforming constitutional commitments into lived political equality.
Oligarchy vs. Sovereignty: Constitutional Amendments and the Democratic Regression of Indonesia’s Post-Reform Era Amiludin Amiludin; Bahtiar Amrullah; Tajudeen Sanni; Zaharuddin Sani Ahmad Sabri; Bayangsari Wedhatami
Indonesian Constitutional Studies Vol. 1 No. 1 (2025): Indonesian Constitutional Studies, April 2025
Publisher : ARTES LIBRES INSTITUTUM

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Abstract

This study examines the paradoxical role of Indonesia’s post-Reform constitutional amendments, which, while designed to enhance democracy, have inadvertently facilitated oligarchic capture and democratic regression. The primary objective is to analyze how constitutional design, though formally advancing popular sovereignty, created institutional arrangements that allowed entrenched elites to mediate, constrain, and often subvert the people’s will. Employing a doctrinal legal method complemented by comparative and conceptual analysis, the research evaluates Indonesia’s constitutional amendments of 1999–2002, relevant statutes, and Constitutional Court jurisprudence, situating these within broader global patterns of democratic backsliding in Latin America, Eastern Europe, and the United States. The analysis integrates theoretical insights from Robert Dahl’s polyarchy, Michael Walzer’s spheres of justice, and Jeffrey Winters’ theory of oligarchy to illuminate the nexus between economic power and political sovereignty. The findings reveal that while the amendments formally entrenched rights, strengthened checks and balances, and institutionalized elections, they simultaneously empowered political parties as gatekeepers, entrenched money politics, weakened oversight institutions such as the Constitutional Court and Corruption Eradication Commission, and left socio-economic inequalities unaddressed. These dynamics have gradually hollowed out the substantive content of sovereignty, embedding oligarchic dominance within constitutional practice. The study concludes that reform-oriented constitutionalism must extend beyond textual guarantees to address structural inequalities, democratize political parties, fortify accountability institutions, and embed participatory safeguards. By integrating lessons from comparative constitutionalism, Indonesia can reimagine its constitutional order to resist oligarchic entrenchment and reclaim the democratic promise of Reform.

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