The Betrayed Social Contract: When People's Sovereignty is Just an Illusion

By Ch Idzan Falaqi Harmer

11 Sep 2025 11 September 2025 05:03 WIB 8 min read reading time: 8 minutes 1 read Updated: 19 Jan 2026 15:38 WIB Updated: 19 January 2026 15:38 WIB

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This article discusses the portrayal of mass action events and riots that arose to the DPR, as well as reflections on these events.

The Betrayed Social Contract: When People's Sovereignty is Just an Illusion

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Table of Contents

2 sections

Between the People, Government, and The House of Representatives, Who who Benefits?
How Should the Representative Rakyat Body Work for For the People?

Legal Literacy - Concept of statehood, by delving into the thoughts by Jean Jacques Rosseau regarding the birth of a country through a socialcontract—is how the relationship between individuals who bind themselves to each other, in order to have a general will (common will). Basis which later emerged and gave birth to a sovereignty (sovereignty). Then, sovereignty itself poured into of a the text of the constitution who to become a a guideline on the basis of national lifein Indonesia in Article 1 paragraph (2) of the 1945 Constitution of the Republic of Indonesia, namely “sovereignty is in the hands of the people and implemented according tothe Law Basis.”

Furthermore, bgoose Indonesia to drop the choice forrepublic as a consensus and collective ijtihad bythe founding fathers, who making a the concept oforder ideal in pulse pulse nation and the state moves, for to achieve a general will (common will). Thereforea, democracy kthen is of a as a result ofon dropping choice towards country Indonesia which is shaped republic that.

Hans Kelsen, in his view regarding democracy ishow interpreting the space the meaning on compromise, that the existence common majority and common minorities mustbe interpreted simultaneously. Freedom of association, of assembly, and to express opinions as who guaranteed in amanat Constitution Article 28e paragraph (3) should if reflectedinto the view Hans Kelsen also cannot be interpreted arbitrarilyserampangan. Therefore,, rights human who guaranteed in Constitution must have simultaneous who consequences—namely the fulfillment towards of fundamental obligations themselves. This means, there are limitations who possessed by each individual or group in usingrights human—which in Constitution are regulated in Article28J. Therefore, khealthy, compromise who among parties have who efforts the view is of a to prevent the occurrenceof matters leading who to kepada actions who anarchistic, and the like.

Phis view Hans Kelsen regarding democracy, kthen continued when on of a country that—throughout officials that elected by of the people, are then fully responsible full towards their voters. This is who then called by “true who representation”. This means, people who fill posts true in institutionswho guarantee on sovereignty of the people, should also pay attention toin a good wills desired by of the people.