Legal Aspects Of Identity Politics Under The Auspices Of Bhinneka Tunggal Ika

Abstract

The meaning of identity can be interpreted as names, tribes, races, groups and so on. In relation to political identity, the meaning of the above ideas is still relevant to provide color or identity characteristics for a political organization or political strategy in achieving the goals of a nation. The purpose of the Republic of Indonesia is stated in the Preamble to the 1945 Constitution (UUD 1945) alenia 4 which states that the Republic of Indonesia was formed in order to improve the welfare of all Indonesian people based on Pancasila. Furthermore, it was affirmed, among others, in Article 28 of the 1945 Constitution that association and assembly are regulated in the 1945 Constitution. Specifically related to "Political Party" associations regulated in Law 2 of 2011 concerning Amendments to Law Number 2 of 2008 concerning Political Parties. In Government Regulation Number 66 of 1951, the State emblem has been assigned. Thus it is clear the scope and boundaries of identity politics as stated above. Hans Kohn asserted that a nation grows and develops from factors and roots formed through a historical process. Hans Kohn considered nations to be formed because of similarities in language, race, religion, civilization, region, state and citizenship, and this is the identity of the nation. Considering the cross-opinions regarding the understanding of identity politics, it is appropriate to raise a legal issue, namely how does the law regulate identity politics under the auspices of Bhinika Tunggal Ika in Indonesia? The legal research used in this paper is normative legal research, which is to solve the legal issues or problems raised. The results to be achieved will give a description of what should be.