Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)

<Previous Article In Volume
Next Article In Volume>

Neoliberalism and Legal Globalization: The Government’s Fallacy on Implementing Pancasila and 1945 Constitution

Authors
Ella Silvia1, 2, *, Zudan Arief Fakhrulloh1, *, Faisal Santiago1, *, Yunan Prasetyo Kurniawan2
1Borobudur University – Jakarta, Indonesia
2Sebelas Maret University – Surakarta, Indonesia
*Corresponding author. Email: ellajournalsub@gmail.com
Corresponding Authors
Ella Silvia, Zudan Arief Fakhrulloh, Faisal Santiago
Available Online 21 April 2022.
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.

Download article (PDF)

<Previous Article In Volume
Next Article In Volume>
Volume Title
Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
21 April 2022
ISBN
10.2991/assehr.k.220404.210
ISSN
2352-5398
DOI
10.2991/assehr.k.220404.210How to use a DOI?
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

risenwbib
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  -