![]() In reality, the poor people's rate of welfare is still very low. Those researches discuss Indonesia as a welfare state in the legal-formal perspective and how Indonesia has not yet prospered even though many formal regulations have stated it as a welfare state. But they have only discussed the constitutional regulations or the legislations which determine Indonesia as a welfare state. There has already been much research on Indonesia as a welfare state. This issue becomes the background for the writers to reconstruct the prophetic-transcendental-based Indonesian legal welfare state so that the nation will become fully responsible for creating essential welfare. Therefore, they can demand the rights written in the constitution. The people have the legitimacy to demand the state to fulfill its responsibility. This Transcendental-Prophetic paradigm is derived from religious thought with interconnection and inter-disciplinary paradigms with other transcendental and cultural values, that aim to analyze the Indonesian welfare state. It is a state with multiple religions, ethnicities, and cultures and it does not ignore the influence of other religions and ethnicities. Even though the majority of Indonesians are Muslims, Indonesia is not an Islamic State. In Indonesia, the foundation of the welfare state is influenced by religious values. Indonesia has 14 welfare articles in the 1945 Constitution, but it has not yet created a prosperous society. ![]() The number of welfare articles in the Republic of Indonesia's 1945 Constitution and its amendment is more numerous than those of other countries with relatively higher human development index (HDI), such as Norway, the United States of America, Malaysia (three articles), and Japan (one article). It is the compass or the direction that the Indonesian nation hopes to achieve. That is the nation's moral ideal as created in the formation of this country. The national development's objective is to increase social prosperity, including in the aspect of economic growth and in fulfilling the basic social and economic needs of all citizens, so that they may at least live at the minimum living standard. Typically, Indonesia aims at creating a welfare nation. In this sense, Indonesia should learn from these occurrences as it is difficult for this country to exit the vicious circle of an economic crisis that led to the fall of Soeharto's presidency up to the failure of the Reformation government to make Indonesia a welfare state.įundamentally, the purpose of the Republic of Indonesia's formation is to create welfare for its people. The failure of the welfare nation applied by the economic and political policy experts due to the forceful hit and wave of the economic crisis should become a lesson to review the legal wrongs of the state. According to John Perkin's term of corporatocracy syndicate, it aims to gain profits by promoting corruption, collusion, and nepotism from the third nations, and it operates like a mafia syndicate ( Perkins, 2008:12–13). #DOWNLOAD BUKU FILSAFAT SOSIAL POLITIK PDF FREE#Neoliberalism incorporates capitalist economy and free trade systems as tools to create a market syndicate. Subsidies as the assurance of basic need services are assumed as inefficient. The transformation of the capitalistic paradigm creates a big leap into neoliberalism. ![]() That simple picture explains the immense paradox of the welfare paradigm. Moreover, Fukuyama (2005:xix) describes the diminishing roles and strategic functions of nations that worsen poverty and social gap – and possibly igniting social conflicts and civil war. The case is not merely the decline of 'the nation-state', as Mishra contends that globalization has hindered the nation's capacity to have social protection ( Ramesh, 2000). These identities used to be the main guidance, but they fade and collapse due to the surge of globalization ( Ohmae 1995:11–17). As an institution, the state is no longer perceived as an important agent as the reality of a borderless world describes a vital consequence the diluting ethics of border identities (nationalism, religion, community). ![]() ![]() The declining power of a nation is definite in the rise of the global economy. Ohmae (1995:11–17) explicitly announces the end of the ‘nation-state’. As a legal institution, a state must not ignore the people into a position of incapability to fulfill their basic needs in providing basic social services ( Setiawan, 2011). Economic, social, and political issues are mostly related to the nation's failure to undergo its roles well. Globalization hugely influences the nation's existence as the economic controller. ![]()
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