CONSTITUTIONAL IDENTITY AND SAFEGUARDING MECHANISMS: A CROSS-NATIONAL COMPARISON WITH EMPHASIS ON INDONESIA

Abstract

This study explores the concept of constitutional identity and its safeguarding mechanisms, focusing on Indonesia through a cross-national comparison. As nations grapple with the tension between maintaining unique constitutional identities and responding to global influences, Indonesia faces the challenge of preserving its foundational principles while adapting to social, political, and technological changes. Using a legal comparative approach, this research examines the constitutional frameworks of countries like Germany, Turkey, and the United States, alongside Indonesia, to identify key mechanisms that protect constitutional identity. The study finds that while Indonesia has strong constitutional foundations through Pancasila and the 1945 Constitution, it faces significant challenges in ensuring their relevance amid political polarization, globalization, and rapid technological advancements. The novelty of this research lies in its proposal for a flexible, inclusive legal framework that balances international obligations with local constitutional values, alongside strategies to enhance judicial independence and public participation. These findings offer a critical perspective on strengthening Indonesia’s constitutional safeguarding mechanisms and provide recommendations for improving legal frameworks to maintain national unity in a rapidly changing global landscape.

Keywords: Constitution, Constitutional Identity, Judicial Review.