SOCIAL JUSTICE ACCORDING TO THE 1945 BASIC LAW FOR INDONESIA’S CURRENT ECONOMIC SITUATION
The focus of this research is on the concept of social justice which is the soul of the Indonesian nation. This social justice is regulated in the 1945 Constitution. Basically this concept is a very ideal concept in realizing the ideals of the Indonesian nation as stated in the Preamble of the 1945 Constitution, paragraph IV, especially referring to the common welfare (Bonum Commune). The methodology used in this research is a qualitative literary method by collecting data through writings that discusses the theme of social justice, as well as studies of phenomena related to how social justice is lived in living together as the Indonesian people. The result to be shown is that welfare is a situation that is highly coveted by all Indonesian people. Of course, this ideal presupposes the existence of relations between human beings who are aware of their existence as Indonesian people. The concept of social justice is still a guideline for managing the life of the nation and state, so that this concept later becomes a starting point for critical thinking in assessing contemporary problems that occur in the archipelago, especially in the economy.
Requirements:
SOCIAL JUSTICE ACCORDING TO THE 1945 BASIC LAW FOR INDONESIA’S CURRENT ECONOMIC SITUATION
Francis Emanuel
2201020
STFT Widya Sasana Malang, Indonesia
ABSTRACT
The focus of this research is on the concept of social justice which is the soul of the Indonesian nation. Social justice is regulated in the 1945 Constitution. Basically, this concept is an ideal concept in realizing the ideals of the Indonesian nation as stated in the Preamble to the 1945 Constitution, paragraph IV, especially when referring to shared prosperity (Bonum Commune) . The methodology used in this research is a literary qualitative method by collecting data through writings that discuss the theme of social justice, and also studying phenomena related to how social justice is lived out in living together as an Indonesian nation. The result to be shown is that prosperity has become a situation that is highly desired by all Indonesian people. Of course, this ideal presupposes the existence of relationships between people who are aware of their existence as Indonesian people. Until now, the concept of social justice is still a guideline for managing national and state life, so that this concept then becomes the starting point for critical thinking in assessing current problems that occur in the archipelago, especially in the economic field.
KEYWORDS : Social justice, 1945 Constitution, Indonesian people, economy, social.
INTRODUCTION
The colonial situation experienced by the Indonesian people made all people live in adversity. The humanity of Indonesian people was not paid attention to by the colonialists. Justice, which is truly the ideal of all people, is still far away. The war situation makes all aspects of life crippled. However, the Indonesian people do not want this situation to continue in the system of living together. Various resistance was carried out. Collaboration between leaders and all the people brought the Indonesian people to achieve independence. Exactly on August 17 1945, the Indonesian people declared themselves an independent nation. This independence was declared through a proclamation of the independence of the Indonesian nation which was signed by Soekarno-Hatta on behalf of all the Indonesian people.
The moment of independence became a very sacred moment in the history of the nation’s struggle to escape colonialism. The proclamation of independence was the moment when the Indonesian people declared themselves to the world that Indonesia was free and independent from the hands of colonialism. Becoming an independent nation not only means being free from colonialism, but also means that since the proclamation the Indonesian people have taken a stand to determine the fate of the nation in all areas of life. Joeniarto in his book states that in state life, it means that the Indonesian people will organize and form their own state. Meanwhile, in terms of law, Indonesia will determine its own laws and will implement them itself in the order of living together as a nation and state.
In various efforts to build the country, the Indonesian people envisioned the Indonesian nation as a rule of law as stated in the formulation of the 1945 Constitution, which later appeared in the formulation of the Constitution, the Proclamation of Independence, the constitution of the Republic of the United States of Indonesia, in several amendments to the Constitution, as well as various other documents. . Furthermore, Notohamidjojo wrote that from the historical development of the development and development of the Indonesian state as a country based on law, it requires struggle and cooperation of all Indonesian people. This is because laws that are enforced and then lived together will experience progress and setbacks over time and this is proven in the history of the development of the Indonesian nation until 2022. This fact is proof that the struggle of the Indonesian people in realizing Indonesia as a state of law is a struggle that is carried out continuously with the aim of adapting to the demands of the times.
The law referred to is law extracted from Indonesia itself and not based on various laws enforced by the colonialists. Joeniarto said that the proclamation of independence signed by Soekarno and Hatta and which was on behalf of all the Indonesian people became the first norm. The proclamation became the basis for all legal rules and legal provisions that emerged later in Indonesia . Suwarno reiterated this in his book that as the first law, the Proclamation of Independence was the first incarnation of all sources of law, namely Pancasila which is the soul and way of life of the Indonesian nation and also in the preamble and articles of the 1945 Constitution .
The 1945 Constitution is a basic concept that is the benchmark for managing national and state life, both in terms of ideas and in terms of structural and operational aspects. All forms of organizing living together in the national and state life system are based on the 1945 Constitution and will be more profound if this is linked to Indonesia’s current economic situation as an effort to create prosperity for its people.
On 15-16 November 2022, Indonesia will host the G20 meeting, a meeting attended by several heads of state in the world, both from developed and developing countries. The meeting was held to discuss many things related to peace, welfare and also related to the world economy in the midst of situations that are sometimes less than friendly, such as the current war situation between Russia and Ukraine. This meeting is of course also a step forward to create social justice, or bonum commune .
Discussions about the Indonesian and world economy are an actual topic of conversation and always demand special attention, especially with economic development efforts to achieve shared prosperity. Triadmodjo in his writing provides his views regarding the obstacles faced by the state in efforts to develop the economy and realize prosperity . Discussions regarding various economic problems facing Indonesia and the world were carried out in order to achieve the ideals of national prosperity. Armada also explained that in justice, there is also shared prosperity and vice versa, without justice there is no shared prosperity .
The main issue to be discussed in this research is what is the role of the 1945 Constitution in managing Indonesia’s national life, especially in the economic situation? How is social justice realized in the system of living together? What opportunities can the state undertake in efforts to build the national economy and efforts to realize social welfare in accordance with the basic concepts and ideals of the Indonesian nation?
METHODOLOGY
The writing of this work was carried out using qualitative literary methods or literature studies supported by several sources related to the themes discussed in this paper. This method is a data collection method by examining various literature, notes and reports as well as other literary sources that are directly related to the theme raised in this research regarding the concept of justice and its relevance to the situation facing Indonesia today. This method places greater emphasis on observing phenomena and examining the substance of the meaning of these phenomena. The focus of qualitative research is on the process and the meaning of the results. The attention in this method is more on human elements, objects and institutions; as well as the relationship between these elements in an effort to understand an event, behavior or phenomenon. This method is also used to answer questions about “what ) , why and how ” of a phenomenon, as will be shown in this study. This method is carried out with the aim that the problems or status questions can be displayed and provide new insights related to the phenomena raised in this study. The data obtained in this research is based on direct observation, interviews and literature studies that talk about related phenomena. After knowing and collecting the data, the data is then analyzed and generalized in relation to relevant theories so as to produce research results that provide new insights into the reader’s listening space.
RESULTS AND DISCUSSION
Understanding Social Justice
The word for justice in English is Justice . This word is absorbed from Latin, namely Iustitia . The word justice has three different meanings, first, attributively referring to the meaning of a fair quality . Second, this word refers to actions that then determine rights and appropriate punishments. Third, refers to people. The people referred to here are government officials who have the right to determine or determine the requirements that must be met before a case is brought before the court.
The Idea of Social Justice in the Fifth Principle of Pancasila
Pancasila is the source of all ideas regarding the form of society that is considered good and which guarantees peace and inner and outer well-being. It is Pancasila that animates the 1945 Constitution. The 1945 Constitution cannot be understood apart from the introduction and understanding of Pancasila. In a speech which has been patented in history as the “Birth of Pancasila Speech” on June 1 1945 before the BPUPKI session, Soekarno called Pancasila the Philosophische Grondslag. Furthermore, Armada added that Pancasila is broader than what can be described in doctrine and research studies regarding Soekarno’s thoughts. This means that Pancasila has a breadth as wide as the philosophical thoughts of the Indonesian people, and has a depth of understanding as deep as the soul and deepest desires of the Indonesian people themselves. If Pancasila has breadth and depth, then the assumption is that the values contained in Pancasila must always live and be appreciated by this nation. Here it appears that Soekarno set the value of justice as a priority that must always be demonstrated in everyday life. It can also be said that this definition of social justice emerged from Soekarno’s reflection on the dark times that occurred in Indonesian history, namely through great suffering, oppression, and exploitation by the Japanese and Dutch rulers at that time.
This concept of social justice has also become one of Soekarno’s philosophical thoughts. He said that social justice is a society or a characteristic of society that is just and prosperous, happy for everyone, there is no humiliation, no oppression, and no exploitation. Regarding social justice, it is specifically emphasized in the fifth principle “social justice for all Indonesian people”. The justice referred to in this principle is justice that applies in society in all areas of life, both regarding material and spiritual matters. More specifically, it is emphasized that the Indonesian people are treated fairly in the legal, economic, cultural and social fields. In this sense of social justice, individuals cannot be separated from their position as members of society. The two cannot be opposed but rather placed in a relationship of harmony and compatibility. In a broader sense, it cannot be understood that social justice according to Pancasila also rejects justice for certain groups for personal reasons.
The word “social” in the fifth principle of Pancasila has two meanings. First, it points to the social dimension of justice in national life. Social justice must involve all Indonesian people where this principle is actualized in the daily scope and every area of life. Yunie Herawati wrote that social justice is a value that must be upheld for all Indonesian people. The second meaning of the word social in the fifth principle of Pancasila refers to society which can be the subject and object of justice. For the sake of national prosperity, a sense of social justice requires society and government to share goods and services fairly. The weak and marginalized must be protected and assisted to achieve legitimate unity in human development.
The words “all Indonesian people” refer to every person (Indonesian citizens) who resides in their homeland and resides in a foreign country. Thus, it can be understood that the fifth principle in Pancasila outlines the rights and obligations of the Indonesian people in order to create and experience equitable justice. This can be achieved by building a family attitude and a spirit of mutual cooperation. Soerjanto Poespowardojo in his writings on the philosophy of Pancasila noted that the meaning of justice contained in the fifth principle of Pancasila has an intersubjective meaning which basically must be reflected in every arrangement of relations between communities. He divided justice into three forms, namely,
namely Justitia communutativa , insofar as it is a norm that regulates interpersonal relationships or equal institutions. Justitia distributiva , insofar as it is a norm that determines society’s obligations to improve individual welfare. Justitia legalis , insofar as it indicates the norms that determine an individual’s obligations to society. Pancasila emphasizes social justice by realizing these three forms. This is realized not only because of the legal awareness of community members, especially because legal regulations are directed towards the structure of community processes, so that the way is open for community members to truly obtain justice. Social justice guarantees equal distribution of justice in obtaining legal guarantees (Soerjanto Poespowardojo, 1989, 163).
Becoming a prosperous and prosperous nation in all areas of life is the goal aspired to in upholding justice. In this case, the fifth principle of Pancasila guarantees that the Indonesian people can achieve a decent and honorable standard of living, as well as achieving these lofty ideals. Seto Harianto also emphasized that the principle of justice for all Indonesian people emphasizes that it is the prosperity of society that must take priority, not the prosperity of individual people. Within this framework, the government is obliged to protect the entire Indonesian nation and all of Indonesia’s blood, promote general welfare, educate the life of the nation and participate in implementing world order based on independence, eternal peace and social justice . Harianto further wrote that the independence of the Indonesian nation was dedicated to the realization of common ideals, as the Indonesian people, namely a country that is independent, united, sovereign, just and prosperous and just in prosperity. Every citizen must live a life worthy of humanity.
The Idea of Social Justice in the Preamble to the 1945 Constitution
The preamble to the 1945 Constitution became a source of motivation and aspirations for the struggle and determination of the Indonesian people, which is a source of legal ideals and moral ideals that wish to be upheld both in the national environment and in the social relations of nations. The Preamble to the 1945 Constitution itself has four main ideas.
The main points of thought are, firstly, the “state” protects the entire Indonesian nation and all of Indonesia’s blood based on unity by realizing the values of social justice for all Indonesian people. Second, the state wants to realize social justice for all people. Third, a state with popular sovereignty based on democracy and deliberation/representation. Fourth, “the state is based on the belief in the Almighty God according to the basis of just and civilized humanity (Gunawan Setiardja, 1993, 63).
Justice in the 1945 Constitution is seen in the economic sector which is regulated in articles 33 and 34. The contribution of the idea of social justice in the preamble to the 1945 Constitution, this article refers to the fact that Indonesian people have the same rights and obligations to create social justice in the social life of society. Realizing social justice is a shared responsibility of all citizens in order to create a prosperous life which is a common goal.
Articles 33 and 34 of the 1945 Constitution are articles contained in chapter XIV with the title National Economy and Social Welfare. The following is the sound of each article:
Article 33 of the 1945 Constitution
“(1) The economy is structured as a joint effort based on the principle of kinship. (2) Branches of production which are important for the state and which affect the lives of many people are controlled by the state. (3) The earth and water and the natural resources contained therein are controlled by the state and used for the greatest prosperity of the people. (4) The national economy is organized based on economic democracy with the principles of togetherness, efficiency, justice, sustainability, environmental insight, independence, and by maintaining the balance of progress and unity of the national economy. (5) Further provisions regarding the implementation of this article are regulated in law.
Article 34 of the 1945 Constitution
“(1) The poor and neglected children are cared for by the state. (2) The state develops a social security system for all people and empowers the weak and underprivileged in accordance with human dignity. (3) The state is responsible for providing adequate health service facilities and public service facilities. (4) Further provisions regarding the implementation of this article are regulated in law.”
Articles 33 and 34 of the 1945 Constitution above are articles that talk about the basic concept of social justice specifically in the economic field. Asshiddiqie emphasized that the two articles above are considered important as a means of control in developing various economic policies that tend to be integrated in the current era of globalization. (Jimly, Asshiddiqie, 2004, 139). Article 33 generally talks about the Indonesian economic system and Article 34 emphasizes more on the government’s duty to realize the value of justice.
Paragraph 1 in article 33 talks about the basis for the economic development of the Indonesian people which is based on joint efforts with the spirit of family as the principle. The principle of kinship is included in the first paragraph because kinship is the main pillar of the economic and social politics of the Republic of Indonesia. The principle of kinship is understood as a signpost in realizing the economy as envisioned. The basis of kinship must be understood as the spirit of brotherhood in building economic democracy. (ibid, 140). This principle of togetherness refers to the meaning of the spirit of togetherness, mutual cooperation and cooperation. Although in reality what is happening is that there is still a lot of conflict and unhealthy competition.
Paragraph 2 confirms the state’s position in terms of controlling production branches. Asshiddiqie said that this verse must be understood correctly as meaning control of production branches in a broad sense, namely control owned by the state. In this case, the state’s position is not limited to just being a regulator. (ibid., 2016). Efendi also emphasized this verse on the existence of BUMN. He emphasized that BUMN must help society in improving its economy, not as a tool to extract wealth for the state or individuals. (Efendi, 2012, 61).
Paragraph 3 confirms and expands the state’s position in terms of controlling natural resources for people’s economic development. Asshiddiqie explained that the state, in the name of the sovereign people, controls and owns all of Indonesia’s land, water area and airspace and thus the state should not be understood to only act as a regulator and all of this wealth is then used only for the benefit of the people (ibid, 2016, 276 ). It is no secret that Indonesia is recognized by the world as a country that has vast and rich potential. This natural potential must be managed and utilized properly to achieve collective prosperity.
Paragraph 4 discusses the basic issues of the Indonesian economic system. The economic system implemented in Indonesia is a people’s economic system. In this system, sovereignty in the economic field is in the hands of the people and therefore the people’s economic system is closely related to the idea of economic democracy which is none other than the understanding of people’s sovereignty in the economic field. The main target to be achieved is the liberation of people’s lives from poverty, ignorance, dependency, unfair behavior, environmental damage and anxiety about the future. (Alfarizi, 2009, 348). The community is also required to play an active role in economic development. Paragraph 5 explains the further application of the concepts contained in article 33. All forms of details and operations still have to be explained concretely and used as legally binding guidelines. (Asshidiqie, 2016, 278).
Article 34 paragraph 1 talks about the role of the state in caring for the poor. Poor people can be understood in two senses, namely poor refers to people who are unable to try to support themselves and poor refers to people who are able to try to meet the minimum needs to support themselves. The poor are people who have limitations in exercising their rights and obligations to experience a prosperous life and need to be defended by the state, so that they can also experience the prosperity that is felt by all other people.
Paragraph 2 talks about the state’s duty to provide a social security system for all Indonesian people and empower weak and underprivileged people in accordance with human dignity. This verse again emphasizes the state’s side in defending the rights and obligations of citizens. This alignment can be seen in various policies that truly defend the poor so that prosperity can be achieved and experienced by all people without exception. Paragraph 3 talks about the state’s responsibility in providing adequate health service facilities and public service facilities. According to Asshidiqie, the word “state” in this case refers not only to the government, but also to all institutions in all branches of power. (2014, 145). The state is the body that holds power in Indonesia with full responsibility for the provision of appropriate health service facilities and other public service facilities. Meanwhile, article 4 emphasizes the further application of the concepts contained in article 34 into legal policies. The laws that have been produced in accordance with article 34 are law number 40 of 2004 concerning the social security system, law number 13 of 2011 concerning handling of the poor, law number 24 of 2011 concerning social security administering bodies.
Contribution of the Concept of Justice to the National Economic Situation
The concept of social justice contained in article 33 of the 1945 Constitution provides the basis for organizing the national economy with a democratic system structured on the principle of kinship (Pandu, 2008). In this system, the role of the people is prioritized in economic development, so that this system has also become known as the people’s economic system. The bodies that are in accordance with this system are cooperatives. This compatibility can be seen from the principle of joint business which is based on the principles of kinship that are adhered to. In this sector, it is hoped that three economic driving sectors will emerge, namely companies, cooperatives and State-Owned Enterprises (BUMN) (Efendi, 2012). These three sectors still exist and are expected to be able to work together in building and realizing people’s welfare through fair and equitable economic development.
The concept of justice contained in the 1945 Constitution places the state as the holder of production branches that are important for the state and which control the lives of many people (Pandu, 2008). Asshiddiqie in his book The Economic Constitution writes that control means control in a broad sense, namely ownership in the public and civil sense, including the power to control and manage business fields directly by the government or government officials who are burdened with this task (Asshidiqie, 2016) . The task of government must prioritize the welfare of the people. The role of the state as the holder of important branches of production and the one who regulates the lives of many people is a guarantee for the realization of justice as aspired by all Indonesian people. In this case, the state through selected people then plays an important role and those who are part of the people themselves must fight for the interests of the people and not the opposite. Therefore, the state is given this noble trust as a guarantor of the realization of justice that can be trusted by all people.
The concept of social justice contained in article 33 of the 1945 Constitution also mentions the role of the state as ruler over the earth, water and natural resources contained therein which are then utilized to build people’s welfare (Pandu, 2008). The natural wealth found in the archipelago is first managed not for the interests of certain groups but for the interests of all people. The state as the ruler of these resources not only plays a role as a regulator but also as a guarantor of the correct and directed use of these resources towards the common interest. It is hoped that this utilization effort will result in the realization of people’s welfare.
Yudha Pandu wrote that article 34 of the 1945 Constitution shows the role of the government in terms of taking sides with the poor (Pandu, 2008, 92). In this case, the poor as those who are less capable economically or in achieving the prosperity desired by all people must actually receive attention from the state. The state becomes the defender of the poor to achieve this prosperity. Social justice in Article 34 of the 1945 Constitution also states the state’s duty as a provider of social security for all weak and incapable people in accordance with human dignity. What is directly confirmed in the 1945 Constitution is that the state is the provider of the social security system for all people. The provision of this social security system is nothing more than a real form of the state’s support in realizing prosperity for all Indonesian people. Through this social security, people are given confidence that the state truly defends them by empowering them on the basis of human dignity.
Contributions related to the concept of justice in the 1945 Constitution opened the awareness of all Indonesian citizens. This awareness touches on the level that first we have guidelines for managing life to achieve the ideals of a prosperous nation through the concept of social justice. The concept of social justice according to articles 33 and 34 of the 1945 Constitution has made a huge contribution to all Indonesian people in various efforts to achieve a just and prosperous national and state life, specifically related to economic life. It cannot be denied that social justice as envisioned is not yet evenly distributed. This situation is made even worse if the people forget the basic spirit of economic democracy based on family in developing the nation’s economy in order to achieve prosperity and cases of corruption which still continue to occur. A democratic system is referred to as a people’s economic system. Efendi stated that in this economic system, the people are the main actors in running the economy, where everything is done from the people, by the people and for the people (Efendi, 2012, 59).
In simple terms, it can be said that through a correct understanding of social justice as regulated in the 1945 Constitution, Indonesian people are expected to be able to open the door to self-awareness to work together to achieve unique justice in the economic field. Based on the reality that is lived and occurs in everyday life, we finally understand that social welfare is not only the government’s task but the task of all Indonesian people. The Indonesian people are not objects of social justice but subjects who strive to create prosperity and social justice.
The reality of social justice in today’s life
Throughout 2019-2022, Indonesia was one of the countries facing major difficulties related to the emergence of the Covid-19 pandemic. The economic system is not working properly. Many good plans ultimately failed to work well due to the pandemic which not only hit Indonesia but the world. There are three main problems related to the economic system facing Indonesia, namely Economic Globalization, Foreign Domination, and Poverty.
Economic Globalization
Globalization today is a challenge for Indonesia in developing its economy. Ahmad Efendi in his book notes that there are two challenges in developing the Indonesian economy, namely challenges from outside and challenges from within. Challenges from within are related to the enactment of the China-ASEAN Free Trade Area (CEFTA) and the Indonesia–Japan Economic Partnership Agreement (IJEPA). It is realized that this will make it difficult for the Indonesian people themselves to compete. Free trade makes foreign products cheaper because there are no taxes or customs duties imposed on these products. (Efendi, 2012, 69-71). So far, China has always dominated the market with relatively cheap prices of goods offered and competitive quality. Indonesia is the place where Chinese-produced goods are distributed. Efendi also sees that demand for domestic products tends to set prices higher than foreign products, causing people’s demand for products produced within their own country to decline.
The challenge from outside is the impartiality of all sectors towards cooperatives and MSMEs. This was then seen as the cause of the difficulty of the people’s economy to compete. This condition is even made worse by various policies and bureaucratic systems that really put pressure on the people’s economy. Apart from that, another challenge that arises is the structural weakness of the industrial sector where inter-industry ties are still weak. Responding to challenges that arise from outside, Indonesia is sometimes mistaken by participating in agreeing to free trade which is applied as an effort to improve the economy. This is contrary to what is confirmed in the economic democracy system which rejects the liberalism system.
Responding to challenges that arise from within, we see that there are great gaps that have occurred in efforts to structure the Indonesian economy. This is clear from the fact that not all sectors support cooperatives and MSMEs. At the G20 meeting, apart from peace, the economy was also a serious topic of discussion. In various newspapers, it is rumored that in 2023 there will be a food crisis that will hit the world, therefore, the government is taking many steps with the aim of making the lives of its people prosperous.
Foreign Domination
Indonesia is a country that is very rich in natural resources. It is realized that this natural wealth is an extraordinary gift which can then be used as a source to create prosperity if the existing wealth is managed well. However, in reality, this abundant wealth cannot be fully enjoyed by the Indonesian people because it is still widely exploited by foreign domination. Bambang Triatmodjo explained in detail that almost 90% of oil and gas mines are controlled by foreign contractors, namely Chevron (USA), Exxon Mobile (USA), Total (France), British Petroleum (England), and so on. Gold, silver and copper mines in Papua controlled by Freeport (USA). Apart from that, coal mines are also starting to be controlled by foreign companies, such as the USA, Australia, China, India and other countries. Of the oil palm plantation sector, 40% is still controlled by the foreign sector. From the marine sector, around 90% of pearl cultivation in Indonesia is dominated by Australian and Japanese companies. Bambang testified that many private companies, during the 1998 monetary crisis, were forced to sell their companies because they were unable to pay their debts. Tayibnapis et al emphasized in their writing thus,
Foreign domination is now increasingly widespread and spread to strategic sectors of the Indonesian economy, such as finance, energy and mineral resources, telecommunications and plantations. As of March 2011, foreign parties controlled 50.6% of national banking assets, this means around Rp. 1,551 trillion from total banking assets of Rp. 3,065 trillion controlled by foreigners. Slowly the portion of foreign ownership continues to increase, considering that as of June 2008 foreign ownership only reached 47.02%. Only 15% of banks control a share of 85%, and some are already foreign owned. Of the 121 commercial banks, there are 47 banks with varying portions of foreign ownership .
Poverty
Poverty seems to be a problem that never ends being discussed. Based on data released by the Central Statistics Agency in March 2022, it was noted that,
the number of poor people reached 26.16 million people or 9.54% of the total population of Indonesia. This percentage decreased by 0.34% in September 2021 and decreased by 1.38% in March 2021. In a study conducted by Effendi Wahyu and quoted by Petrus Widharsana in 2017, he looked at wealth data released by the Swiss financial institution, Credit Suisse , there is only one percent of the richest people in Indonesia who control 49.3% of national wealth. The concentration of wealth in the richest 1% in Indonesia is the fourth worst in the world after Russia, India and Thailand.
Based on this data, it can be understood that the issue of poverty still haunts the lives of the Indonesian people. The most obvious thing that can still be seen is that there is a huge gap between the rich and the poor, where the rich become richer and the poor become poorer. We can clearly see a picture of this in big cities, where there are high-rise and luxurious buildings where rich people live, but the surrounding areas are surrounded by slum housing for poor people. The problem of poverty in Indonesia is like a “vicious circle” that continues to eat away at the foundations of the nation’s life.
In an article published by the Physical Policy Agency on July 17, 2022 it was noted that,
The poverty rate decreased even though Indonesia’s poverty line threshold increased as economic risks increased. The poverty line threshold in March 2022 will increase by 4.0% to IDR. 505,469 from the previous Rp. 486,168 in September 2021. Even though the poverty line has increased, Indonesia’s poverty rate can still be reduced… Febrio also said that the continued strengthening of economic recovery has also encouraged improvements in poverty levels.
This reduction in poverty rates cannot be separated from cooperation between parties. All policies are carried out with the intention that everyone can live in prosperity.
The concept of social justice in favor of the poor
Indonesia, through various social policies, has tried to overcome the poverty that occurs, although until now poverty remains a familiar problem in Indonesia itself. Various ways to hack poverty have been carried out. Efendi criticized that the poverty alleviation process carried out by the state had fundamental weaknesses. For example, the government wants to reduce village poverty by providing subsidies in the agricultural sector, this is then hampered by regulations and policies that oppose subsidies. In the end, the form of poverty was diverted to distributing social assistance to the poor, which resulted in the poor people becoming dependent on this assistance, without changing their mentality to develop themselves independently. (81).
Based on the mandate of the concept of social justice contained in article 34 of the 1945 Constitution, the state should make empowerment efforts to eradicate poverty. We hope that this effort will be the right choice for the state, because in this way, the mentality of the poor will be changed. Previously they only expected assistance to change with efforts to develop an independent culture in the formation of a productive economy. Improvements in poverty levels in March 2022 will occur evenly throughout Indonesia, as well as at the rural and urban levels
spatially, the poverty rate in urban areas decreased to 7.50% (September 2021: 7.60%; March 2021: 7.89%). Meanwhile, the number of poor people in rural areas has decreased to 12.29% (September 2021: 12.53%; March 2021: 13.10%). The agricultural sector, which absorbs more workers and higher rice production in early 2022 compared to 2021, also supports the improvement in income conditions in rural areas. The level of inequality in Indonesian population expenditure as measured by the Gini Ratio increased slightly, from 0.381 in September 2021 to 0.384 in March 2022. The increase in the Gini Ratio was driven by increasing inequality in urban areas as of March 2022 to 0.403 from 0.398 in September 2021. Meanwhile, inequality in rural areas as of March 2022 there has been no change compared to September 2021, namely 0.314. Even though it has increased very slightly, according to the World Bank, the level of inequality in Indonesia is in the low inequality category. The Open Unemployment Rate (TPT) has also improved from 6.49% in August 2021 to 5.83% as of February 2022.
This has all been done well by the government with the intention that everything that is a common dream can be achieved well. Furthermore, the head of the Fiscal Policy Agency of the Ministry of Finance, Febrio Kacaribu, emphasized that,
Another policy that is quite crucial in maintaining people’s purchasing power is the policy to maintain domestic energy selling prices despite the consequences of increasing spending on energy subsidies and compensation. The APBN has played an important role as a shock absorber by dampening rising pressure on global commodity prices. If global commodity price pressures are allowed to be transmitted to domestic prices, Indonesian inflation is likely to be as high as inflation in many countries. The impact is an increase in the poverty level of the population. Therefore, the Government’s policy to maintain domestic energy selling prices is very crucial to prevent an increase in the population’s poverty rate. “In the future, the Government will continue to strive to maintain the sustainability of the national economic recovery so that it will create new job opportunities. Efforts to maintain fiscal health are also quite crucial so that it can play an optimal role as a shock absorber which is able to reduce the turmoil that occurs so that society, especially the poor and vulnerable groups, can remain protected. The government will continue to improve the quality and effectiveness of spending and strengthen programs that provide protection to the community.
CONCLUSION
The articles contained in the 1945 Constitution are written basic law. The consequence that arises is that these articles are binding on both the government and every citizen wherever they are. As a concept, the articles in the 1945 Constitution are also a source of law for every legal product such as laws, regulations and even government policy actions. The concept of social justice according to the 1945 Constitution articles 33 and 34 becomes a spokesperson that opposes and criticizes all wrong life management actions in responding to the challenges of today’s times because they are not in accordance with the concept of correct life management. The main meaning of this concept is a concept that is mutually agreed upon in managing the life of the Indonesian nation in achieving collective prosperity.
The final goal of social justice is to create a harmonious and orderly structure in society by providing opportunities for them so that the value of justice can be experienced by everyone. To achieve this value, cooperation between governments and all elements of society without exception is required. The concept of justice also explains the equality of human rights and obligations that must be understood by everyone in creating the value of social justice. This is also related to the final goal to be achieved, namely achieving a decent life, where Indonesian people no longer live in suffering. The fifth principle of Pancasila is also emphasized to be lived by so that Indonesian people do not exploit other people, wasteful in using the natural resources contained in Indonesia’s earth. Therefore, Corruption, Collusion and Nepotism (KKN) behavior has no place in human development and also the Indonesian state. Thus, the value of social justice is basically to maintain human dignity.
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