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The Overlapping Consensus in the Indonesian Constitution and Its Challenges

Authors :
Sunaryo Sunaryo
Source :
Jurnal Konstitusi, Vol 20, Iss 3, Pp 358-381 (2023)
Publication Year :
2023
Publisher :
The Registrar and Secretariat General of the Constitutional Court of the Republic of Indonesia, 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.

Details

Language :
English, Indonesian
ISSN :
18297706 and 25481657
Volume :
20
Issue :
3
Database :
Directory of Open Access Journals
Journal :
Jurnal Konstitusi
Publication Type :
Academic Journal
Accession number :
edsdoj.2497be83f30a460ea9009dd60d6e4f4f
Document Type :
article
Full Text :
https://doi.org/10.31078/jk3031