Reformation





The Constitution of Indonesia in Relation to Political Reforms and Liberalism 
 (The Study Philosophy of Justice from John Rawls )


It is generally 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 relativel y more attention. Yet growing up in America was very 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 must be rejected or revised it, if is untrue, because for this reason justice denies that the loss of freedom for some 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 many certain kinds of information utilitarianism. This theory impacted soon. In Indonesia an examples, 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 apparently still not improved. A group of young reformer submitted a report to government in which they expressed regret that Indonesia 's reformation.
  
The focus of the research project is to analise the study philosophy of justice from John Rawls from the great of book titles Theory of Justice which was 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, etc., they have general principle of justice which it wants to persuade me of first time from discussion about liberal democratic institutions. Actually 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 are often called 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 follow 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 many book of law and history until now, we only just access to amendment of law 1998. We can not 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 after all. We want a realistic return to theory on some basic resources in the society that the state could have un blunt impacts. Political philosophy dictates that some thing about subject matter of this research at its outset this in some ways might seem a case of putting the cart before. The perhaps 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 at 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 objectives problem is it allows people to be used in maximum utility and the proponents of each one tend to make the case for their views mainly 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 exert 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 influence some political situations between tradition and conflict in philosophy of politics, learning to know how about general of understanding in constitution, it has been related establish 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 try to find methodology 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 can be interpreted and assessed. Secondly, consider the record of Indonesia. Between pre amendment and post amendment Indonesia was a republic. During this period, Indonesian accomplished some reformation. The principles of the republican constitution were potentially democratic. Wanting to avoid a repetition of the deliberation of some 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, its 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 and interest in progress of political science and the course of true libert.
In properly to understand Rousseau 's relationship to the natural law tradition, whether these writing need to be studied in their right historical contexts, In particular attention should be paid 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 impacts to ideas about Republics, it should be destructed 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 Muhamadiyah, the wahabi, LDII organization, etc. The institution modifying from not formal - rational bureaucration where have draft law as principle 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 final conclusion some genuine sense of liberalism (society, association, community, city and state).

The theory of liberalism difference 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 methodology 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.


BIBLIOGRAPHY

Cohan, Josua, and Achon Fung, Constitution, Democracy and State Powers, The Institutions of Justice, Edward Elgar, 1966

De Zuluenta, Francis, The Institutes of Gains, Part I Text with Critical Notes and Translation, Oxford Press, 1985

Ferrara, Alessandro, Autenticita Riflessiva : Il Progetto della Modernita Dovo la Svolta Linguitica, Milano, 1990 
Fircher, The Philosophy of Imanuel Kant, New York, London, Garland, 1976

Kant, Imanuel, Kritica della Regim Pura, Roma, Bari, Laterza, 1989 
Luchmann, Nicholas, A Sociological Theory of Law, Rein Book Bei, Hanburg, 1972

Mc Lean, Doughlas, and Mill, Claudia, Liberalisme Reconsidered, Rowman & Allan Held, UK, 1983 
Polan, A. J., Lenin and The End of Politics, Mathew Co. Ltd. Press, London, 1989

Rawls, John, and Ferrara, Alessandro, Liberalismo Politico, Milano, 1997 
Rawls, John, Una Teoria della Giustizia, Milano, 1997

Reiner., G., Kritik der Reinen Vernunft : Zwilite Anflage 1787, Berlin, 1973 
Ricard M., Here, Moral Thinking, Claderon Press, Oxford, 1981 

Rosembelt, Helena, Rosseau and Genova From the First Discourse to the Social Contract, Cambridge University Press, 1997 

Routge, FR. Hansen and Kegan, Paul, The Break Down of Capitalism a History of the Idea on Western Marxism 1883-1983, London, 1985

W. N. Watkins, John, Human Freedom after Darwin, A. Critical Rationalist of View, Openwurt Published, Chicago, 1999

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