Tjahjono, Monica
(2019)
Gagasan pengaturan perlindungan ras dan etnis dalam konstitusi (analisis perspektif hukum tata negara) = Race and ethnicity protection regulation idea in Constitution (constitutional law perspective analysis).
Bachelor thesis, Universitas Pelita Harapan.
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Abstract
Every human is born with identity. Identity can be race and ethnicity, which differentiates every human. However, Socrates claims that one of the human’s primary need is thymos or recognition. Misrecognition will cause conflicts. Indonesia is a country with diverse society. Nonetheless, Indonesian Constitution since its independence day did not regulate protection and recognition on race and ethnicity. It is suspected to be the cause of the conflicts that happened in Indonesia. Therefore, researcher have chosen 87 constitutions to be studied, hyphotesized that increasingly heterogenous country will regulate race and ethnicity protection specifically, while increasingly homogenous country will regulate race and ethnicity protection generally, or even do not regulate race and ethnicity protection. The parameter that will be used to differenciate those countries are Ethnic Fractionalization Index by Alesina et. al. Normative descriptive research will be used with historical, statutes, and comparative approach. From this thesis, it is found that diversity do not influence any regulation on race and ethnicity in the constitution, meanwhile it is influenced by each countries’ constitutional history. Since Indonesia’s history departs from a very diverse nation, a specific regulation is needed to accomodate recognition and prevent conflicts in society.
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