Reformation
The Constitution of
Indonesia in Relation to Political Reforms and Liberalism
(The Study
Philosophy of Justice from John Rawls)
It is recognized that
John Rawls was born in Baltimore, Maryland America, it is also known that he
was strong about original of version about hypothetical social contract after
the father of social contract Rousseau. But what this means in term of theory
of Constitutions, Justice, Liberalism or Philosophy of Politics John Rawls grew
up in has received more attention. Yet growing up in America was quite
different from growing up in just any other problem in America who was known
Liberalism in long times. According to John Rawls justice is the first virtue
of social institutions, as truth is of system of taught.
A theory however revised it, if is untrue, because for this reason justice
denies that the loss of freedom for it made righty a greater good shared by
others. Rawls had staying power was that he changed the subject that people who
had been squabbling about utilitarianism, he structures a hypothetical choice
and then he gives certain kinds of information utilitarianism. This theory affected
soon. In Indonesia an example, toward for 75 years ago, the feudalism of
Netherlands and particularly the war of Indonesia succession had a profound
effect on politics and economy. By 1987, the situation had still not improved.
A group of young reformers sent a report to government in which they expressed
regret that Indonesia 's reformation.
The focus of the
research project is to analyze the study philosophy of justice from John Rawls
from the great of book titles Theory of Justice which translated in other
languages. I will research and present about constitution Indonesian with the
theory analyze of philosophy John Rawls. The constitution is a process of
politics, particularly in Indonesia process to beings before and after 1945.
However, the main of domains that constitution made from old Constitution
(before Amendment 1998) of custom of law in a language we call Adat.
This is an alternative in utilitarianism, this is other sides we have not read
in positive of law ideas. Consider to Rationalism Hobbs, Marxism, they have
general principle of justice which it wants to persuade me of first time from
discussion about liberal democratic institutions. Exiting political system and
the use it to see how they measure up. For that reason, in countries where Adat
have nurtured political freedom, the other branches the legislature and
judiciary on to champion the rights of citizens again executive invasion. But
institutional history may so vary from one state to another as to place
different emphasis on respective roles of legislators and judges.
The other background
problem inquires whether the constitution not following the constitution from
Netherlands. Or we have not followed liberalism of constitutions, also
multicultural constitution. Then we had adapted religion especially Islam than
multiculturalism or pluralism of constitutions. One, which we think of the
terminology of this course as pluralism are classical utilitarianism and we
might call objectivist where you make strong interpersonal judgment of utility.
As Rawls Says, it does not take seriously the differences judgment and justice.
Two, I could see this in the problems that we have with the interpersonal
do allow interpersonal judgments of liberal constitution. Example we have
simply a branch take theory and philosophy of Pancasila, otherwise we are
leaving books of law and history until now, we only just access to amendment of
law 1998. We cannot adapt again the structure of the state to interest other
cultures from Netherlands or legal of philosophy, moreover idea of capitalism
and communism.
Focus of research. We
want a realistic return to theory on basic resources in the society that the
state could have unblunt impacts. Political philosophy dictates that something
about subject matter of this research at its outset this in ways might seem a
case of putting the cart before. The view things I have not change on which
research intent to problems and conflicts an especially about conflict
tradition before reformation 1997 years ago. Therefore, focused after
reformation in 1997 in subject primary discussion about dullness themes in
philosophy of politics. I say that study to political constitution must be
attention for political philosophy with considering other problem on legal
norms.
So, the aims problem is
it allows people to maximum utility and the proponents of each one tends to
make the case for their views by pointing the demerits of the other view.
First, the problems of conflict and tradition mention lives in society. Rawls
views the substantive parts of study, not as the contribution of a participant
in argumentation to a process of discursive will formation regarding the basic
institution of late capitalist society, but outcome of a theory of justice
which he as an expert is qualified to constrict moral argumentation serves to
settle conflicts of action by consensual means, if moral argumentation is to
produce this kind of agreement, however it’s not enough for the individual to
reflect on whether he can assent to a norm , what is needed is a real process
of argumentation in which the individual concerned cooperate like theory Lenin
in ethics.
The form of
constitutions influences political situations between tradition and conflict in
philosophy of politics, learning to know how about general of understanding in
constitution, it has been related show of the powers, to control amendment of
laws. According to theory of constitutions most variety to study about parts of
process constitutions. The regulation not important again than authority, judgment,
and individual rights. Classic of liberalism to be involving diversity of
location approach, an example of background how about issue and theory all
things in constitutions of liberalism.
This research tries to
find method philosophy of politics. First, we shall begin by considering the role
of the principles of justice from John Rawls, it is necessary to work out a
theory of justice in the light of which these assertions and assessed.
Secondly, consider the record of Indonesia. Between pre amendment and post
amendment Indonesia was a republic. During this period, Indonesian did reformation.
The principles of the republican constitution were potentially democratic.
Wanting to avoid a repetition of the deliberation of their leaders, Indonesia
deliberately separated powers and distributed them among various party and
offices. Their offices were elected by assemblies of citizens, for a year at a
time.
But I have not speak about that, we found the blue prints of deliberation in
methodology like as according to Madison (1787) he told about constitution in
America, the constitution which resulted from their deliberations, its effects
during atrial of so many years on the prosperity of the people living under it,
and the interest it has inspired among the friends of government, it’s not
unreasonable interference that a careful and extended report of the proceedings
and will be particularly gratifying to the people and to all who take an
interest in progress of political science and the course of true liberty.
In properly to
understand Rousseau 's relationship to the natural law tradition, whether these
writing need to clear in their right historical contexts, in particular
attention should to how natural law theories where applied and by whom. In this
regard, Rousseau took Geneva to his sample research. It can be most helpful in
explaining why Rousseau reacted the way he did to the natural law tradition
Looking for the Rousseau, ideology became conflict in values, looks five of
keywords discuss about constitutions from theory of social contracts in book
from Rousseau i.e., Representation, Unlimited extensions, Limit participation,
Diversity and the last a Conflicts
The death of states
recovering to affects to ideas about Republics, it should of small community
and welfares issues in the states. Indonesia have issue of community without
interferes from state, from 3 century ago its famously by the name of
patembayan and paguyuban. Patembayan are condition of ideology community or
behavior organization in the religious organization, maybe in civil society
like as NGO which depending on same cultures as idealism in community of
clerics, an example organization of NU (Nahdhotul Ulama ) Islam santri, Islam
traditional.
Paguyuban is the community which everyone had reorganization unconsidered same
of ideology, like NU, for example Muhammadiyah, the Wahabi, LDII organization,
etc. The institution changing from not formal - rational bureaucratic where
have draft law as principal order of members. Rationality in the rights of
ethics indefinite of individual, it is priority to follow the good and the
right given simple theory about an ethics as conclusion genuine sense of
liberalism (society, association, community, city, and state).
The theory of liberalism
differences each epistemology. First, liberalism pre independent days (before 1945)
defined theory about finite and infinity. Liberalism in new eras or Orde Baru
(1966-1987) is the forms of philosophy of de liberalism in Indonesia methodology,
In 1997, Democrat party change opinion de liberalism to restore the new
liberalism by proposing a reform program to transitions, although it leaves to
normative political theory, however this eras included methodology of the
second model theory of liberalism and justice turn to ontology and de ontology
methodology, ontology is study which concern to whether kind of things existed.
Ontological politics known an essence of philosophy theory became from
philosophy of state of nature in the concept of nation. Research method where
possible the research will be starting to primary narrative based on all
evidence from the literature of reviews of the books and history in political
philosophy in Indonesia, so the research domain with consider to the research
on insight literatures and empirical domain of research with consideration of
the research questions following hypothesis or formulation contents.
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