TWO IDEAS OF ECONOMIC DEMOCRACY: A CONTEXTUAL ANALYSIS ON THE ROLE OF THE INDONESIAN CONSTITUTIONAL COURT AS A GUARDIAN OF DEMOCRACY

This study analyzes the role of the Indonesian Constitutional Court as a guardian of democracy in reinterpreting the ideas of economic democracy. Although economic democracy is well derived from the mind's eye of social justice established in Pancasila in the 1945 Constitution, some economic legislations tend to ignore the idea of economic democracy. Therefore, the Constitutional Court examined the disputed norms through a constitutional review to maintain constitutional economic order. Moreover, the "ratio decidendi" served as a basis for some of the Constitutional Court's verdicts to maintain the two fundaments of democracy. Apparently, as the guardian of democracy and not merely the protector of human rights, the Constitutional Court considers the conceptions of freedom and equality consecutively in its judicial verdicts. In this context, if liberty and equality are embodied in proportional measures in Indonesian democracy, the general welfare idealized in the Preamble of the 1945 Constitution will be promoted in Indonesian national life.