Neoliberalism and Legal Globalization: The Government’s Fallacy on Implementing Pancasila and 1945 Constitution
- DOI
- 10.2991/assehr.k.220404.210How to use a DOI?
- Keywords
- Neoliberalism; Globalism; Globalization; Legal Globalization; Privatization; State-Owned Enterprise; SOE
- Abstract
Neoliberalism which has manifested through various economic, political and governmental practices as a consequence of globalization, has become an excessive practice of globalization, until Pancasila as an element of staatfundamentalnorm (principles of fundamental State rules) which is the spirit, the spiritual principle for all regulations, has a special position, which by legal means cannot be changed by anything; its functions and mandates can be “castrated” through the government’s political actions through the misguided practice of legal globalization. The law is in such a way as to be “disassembled” and “patched up” to ratify, realize, all government practices that are actually contrary to the mandate of the 1945 Constitution. Law no longer has the power as a norm, a guide, in controlling the practice of government freedom. Instead, the law is globalized to accommodate it. This is the real failure of the government, when the state’s foundation can no longer be enforced, then whose interests has the government been fighting for? The writing of this journal is a normative research (doctrinal research) that is descriptive, analytical, and exploratory, which is intended to describe as accurately as possible the legal materials regarding government regulations related to the practice of globalization, such as the practice of privatizing State-Owned Enterprises (SOEs). From the results of this study, it can be concluded that the government’s participation in economic globalization through the privatization of SOEs is very contrary to the norms and values regulated in Pancasila and the 1945 Constitution of the Republic of Indonesia as the grundnorm.
- Copyright
- © 2022 The Authors. Published by Atlantis Press SARL.
- Open Access
- This is an open access article distributed under the CC BY-NC 4.0 license.
Cite this article
TY - CONF AU - Ella Silvia AU - Zudan Arief Fakhrulloh AU - Faisal Santiago AU - Yunan Prasetyo Kurniawan PY - 2022 DA - 2022/04/21 TI - Neoliberalism and Legal Globalization: The Government’s Fallacy on Implementing Pancasila and 1945 Constitution BT - Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021) PB - Atlantis Press SP - 1312 EP - 1317 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.220404.210 DO - 10.2991/assehr.k.220404.210 ID - Silvia2022 ER -