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National Unity in Indonesia: The Indonesian Constitutional Court's Role in Balancing the Conflicting Legal Demands of a Pluralistic Society

摘要


With the dawn of the Reformasi era, the Indonesian nation cast off 35 years of authoritarian rule to become one of the world's largest democracies. The processes of democratization and decentralization changed, and continues to change, the constitutional landscape of the Indonesian State. With the emergence of a much more complex constitutional landscape, the relations between center and periphery need to be (re)balanced for a rational and equitable development and sustainable management of Indonesian cultural, natural, and social heritage. This paper analyzes the foundational role of the Indonesian Constitutional Court in moderating and balancing the distribution and exercise of powers between the central and the regional and between the regions themselves, within a political, legal and religious pluralistic context in order to utilize the cultural, natural, and social resources of the Indonesian archipelago in the interest of national unity. The paper examines the contribution of the Court as the peak judicial authority in endeavoring to create harmonious relations within the complex constitutional framework via a corpus of jurisprudence aimed at the progressive realization of Bhinneka Tunggal Ika ('unity in diversity') in the pluralistic Indonesian Nation. It does so by analyzing selected crucial decisions of the Court in three areas key to the Court's role in balancing the conflicting legal demands of a pluralistic society, namely, regional autonomy, religious pluralism, and social justice and economic democracy.

參考文獻


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