Indonesia as a legal welfare state: A prophetic-transcendental basis

Abstract

Introduction: The modern welfare state concept is based on individualistic and liberal social contracts that prioritize individual interests with liberalist, partial and non-holistic hegemonies. The welfare state concept has failed in directing citizens to achieve justice, peace, and welfare. The basic aim of the Republic of Indonesia's formation is to form a welfare country. But the Indonesian constitutional articles do not have the power to form a welfare society compared to those of other states, such as Norway, Japan, the USA, and Malaysia, whose constitutions aim to achieve welfare. Objective: This research aims to explore the formulation of Indonesia as the Prophetic Transcendental-Based Legal Welfare State. The urgency of this research is on the effort of model invention, or a new postulate on the form of the Indonesian Legal Welfare State. Methods: This is normative-juridical research with a philosophical approach to find and explore the formulation of Indonesia as the Prophetic Transcendental-Based Legal Welfare State. Conclusion: This research found that as a Legal Welfare State, Indonesia inspirits Pancasila as the moral-spiritual guidance in all developmental policies on the national law, economy, politics, and culture. Thus, the direction of the state's development is inseparable from its roots, namely the prophetic and transcendental Pancasila. Novelty: The previous researches discussed Indonesia as a welfare state only based on the determining legislation or laws. But this research discusses the philosophical aspect based on the thoughts of Indonesia's founding fathers.

Keywords

• Welfare
• Law
• Indonesia
• Transcendental
• Prophetic
• Philosophy