"We leave behind Petruk and Gareng, who were constructing their respective arguments. Elsewhere, there was Raden Bratasena, also known as Raden Werkudoro Putro, the Panenggak Pandowo (a.k.a. Bima), the son of King Pandu Dewonoto from Astina and Queen Kunthi Talibrata. His lineage was more tangled than a plate of spaghetti at a royal banquet.Dewaruci, the sage, sat cross-legged on a damp bench, sipping wasgitell tea, originally from Solo. The guru imparted wisdom to Raden Bratasena. They sat cross-legged on a damp park bench, Bratasena was sipping his Mochaccino. He furrowed his brow. 'And what about the story of MoU and the Toys, Guru?'Dewaruci chuckled. 'Ah, my lad, they’re the unpredictable quills in the grand narrative of existence.'He then told the story, 'Once upon a time, in the mystical land of Bureaucratia, two unlikely rivals emerged: 'Memory of Understanding' and 'Toys.' They were both vying for supremacy in the grand arena of Contracts and Agreements.MoU was a seasoned veteran, draped in dusty scrolls and ink-stained robes. His weapon of choice? The Quill of Obscure Legalese. With a flourish, he’d conjure clauses longer than a dragon’s grocery list. His motto, 'Why say it in one sentence when you can say it in twenty pages?'MoU’s contracts were like ancient tomes, filled with cryptic passages and footnotes that led to dead-end footnotes. His clients would sign, then promptly forget their own names.Toys, on the other hand, was a whimsical trickster. He wore rainbow suspenders and carried a pocket-sized accordion. His contracts smelled faintly of cotton candy. His motto: 'Why be serious when you can be silly?'Toys believed in visual aids. His contracts featured pop-up illustrations, glitter glue, and scratch-and-sniff sections. Clients would sign with giggles and confetti showers.And so, the battle raged on. MoU’s contracts piled up like dusty scrolls in forgotten libraries, while Toys’ contracts adorned kindergarten classrooms.Ultimately, the clients had to choose: eternal confusion or temporary amusement. Some opted for MoU, hoping to unlock the secrets of the universe. Others chose Toys, knowing they’d get a free sticker of dancing unicorns.And thus, the moral of our tale: When signing contracts, remember that life is too short for footnotes. Choose wisely, my lad. Choose wisely,' the guru concluded.Bima listened carefully, still nodding even though he didn't understand.""Robust institutions act as a compass, guiding the nation through turbulent times and ensuring it stays on course towards justice, stability, and progress. Robust institutions function like the circulatory system, distributing resources, information, and services efficiently throughout the nation, ensuring every part of the state is nourished and functioning well. Just as software controls the operations of a computer, robust institutions manage and streamline the functions of a government, ensuring that all parts work together harmoniously and efficiently," Seruni went on."Douglass C. North explores how institutions—the formal and informal rules that govern behaviour—shape the economic performance of societies. He emphasizes the importance of a stable and predictable institutional framework for fostering economic development. The protection of property rights is identified as a key characteristic of robust institutions. Secure property rights encourage investment, innovation, and economic development by ensuring that individuals and businesses can reap the benefits of their efforts. Effective enforcement mechanisms are crucial for maintaining the rule of law and ensuring compliance with established rules and regulations. North highlights the importance of reliable enforcement in sustaining robust institutions.North defines institutions as the 'rules of the game' in a society, encompassing formal constraints (laws, regulations, constitutions) and informal constraints (norms, traditions, customs). These institutions structure human interaction and provide stability and order. Institutions are fundamental to economic performance because they reduce uncertainty, create a stable structure for human interactions and lower transaction costs. Effective institutions facilitate economic exchanges by providing clear and enforceable property rights, reducing the costs of doing business, and encouraging investment.North emphasizes that institutions are not static; they evolve in response to changes in the economic, political, and social environment. Institutional change can be gradual or rapid and is often driven by shifts in relative prices, technological advancements, and changes in political power.North emphasizes the interplay between formal and informal institutions. Informal institutions (cultural norms, social conventions) often support and complement formal institutions. Understanding this interaction is crucial for designing effective institutional reforms.Political institutions and economic institutions are interdependent. Political stability and effective governance are necessary for the development of robust economic institutions, and vice versa. North underscores the need for a balanced and integrated approach to institutional development.Successful economic development requires deliberate and well-planned institutional reforms. Policymakers must understand the existing institutional framework, identify inefficiencies, and implement changes that enhance the effectiveness of institutions. Policymakers should consider the historical context and path dependence of institutions when designing reforms. Understanding the historical trajectory of institutional development can help identify potential obstacles and opportunities for change.Effective reforms should address both formal and informal institutions. Strengthening formal institutions (legal and regulatory frameworks) while aligning them with informal institutions (cultural norms and social practices) can lead to more sustainable and effective outcomes. Enhancing the capacity of enforcement mechanisms is crucial for ensuring that institutional rules are followed. This includes investing in judicial systems, regulatory agencies, and other bodies responsible for upholding the rule of law.Acemoglu and Robinson refer to Institutions as the humanly devised rules and norms that shape and constrain individual and group behaviour—these rules and norms structure incentives in human exchange, whether political, social, or economic. Institutions can include formal structures such as constitutions, laws, and property rights, as well as informal constraints like traditions, customs, and codes of conduct. They emphasize that institutions are critical in determining the distribution of power in society and influence how effectively a society can generate and distribute wealth, maintain social order, and protect the liberties of its citizens. They argue that the balance between the power of the state and the strength of society is key to achieving and sustaining liberty.An 'institution' can be defined in several ways depending on the context. In general, an institution is an organization, establishment, foundation, or society that is created for a specific purpose, such as education, social services, or religious activities. Examples include schools, hospitals, churches, and banks. In sociology, an institution is a complex of positions, roles, norms, and values lodged in particular types of social structures and organizing relatively stable patterns of human activity concerning fundamental problems in producing life-sustaining resources, in reproducing individuals, and in sustaining viable societal structures within a given environment. Examples include the family, education systems, and legal systems. In economics, institutions are defined as the rules and norms governing collective action, especially in the context of markets and economies. They include laws, regulations, conventions, and customs.In political science, institutions refer to structures and mechanisms of social order and cooperation governing the behaviour of individuals within a given human collectivity. They include organizations and systems like governments, political parties, and international bodies. In law, an institution is a legal entity created to perform a specific function, such as a corporation, government agency, or non-profit organization. Institutions play a crucial role in shaping and regulating human behaviour, social interactions, and societal development.There are some characteristics of Robust Institutions. Robust institutions establish stable rules and regulations that do not change arbitrarily. This predictability fosters trust among citizens and investors. Strong institutions can engage in long-term planning and policy-making, which is essential for sustainable development.Institutions that operate transparently allow citizens to see and understand governmental processes, reducing corruption and increasing trust. Effective checks and balances ensure that institutions and their leaders are held accountable for their actions.Well-functioning institutions are efficient in their operations, providing public services promptly and effectively. Strong institutions can implement policies effectively, ensuring that laws and regulations are enforced.Robust institutions uphold the rule of law, ensuring that laws are applied equally to all individuals and entities. A strong judiciary that is free from political influence is a hallmark of robust institutions.Robust institutions can adapt to changing circumstances and crises, maintaining functionality under stress. They are resilient against internal and external shocks, such as economic crises, natural disasters, or political instability.Adam Chilton and Mila Versteeg explore how constitutional rights impact policymaking and governance, examining the effectiveness of constitutional provisions in protecting rights and shaping legal and political outcomes. They suggest that constitutional rights impact policymaking and governance in several important ways.Constitutional rights provide a legal framework that governments and policymakers must operate within. They set boundaries on governmental actions and policies, ensuring they adhere to principles of justice, fairness, and rights protection.Constitutional rights often empower courts to review laws and government actions for compliance with constitutional standards. This judicial oversight can invalidate laws that violate rights, ensuring accountability and protecting individuals from government overreach. These right influence the formulation of policies by requiring policymakers to consider the implications of their actions on individual rights and liberties. This can lead to more thoughtful and balanced policy decisions that respect fundamental freedoms.Constitutional rights shape public discourse and political debates by providing a framework for discussing issues of rights and freedoms. They serve as a foundation for advocacy, activism, and public engagement on matters of social justice and equality. In a globalized world, constitutional rights can influence international norms and standards. Countries with robust constitutional protections often serve as models for others seeking to strengthen rights frameworks and democratic governance.Chilton and Versteeg examine the possibility and implications of governments making rules or laws that are contrary to constitutional principles. They discuss several reasons why governments may make rules or laws that contradict constitutional principles.Governments may prioritize short-term political goals or public opinion over constitutional principles. This could involve passing laws that appeal to certain voter demographics or interest groups, even if they infringe upon constitutional rights. Governments may believe that certain policies are necessary for achieving societal goals such as national security, economic development, or public order. In pursuing these objectives, they may overlook or intentionally circumvent constitutional constraints.Differences in legal interpretations of constitutional provisions can lead governments to believe that their actions are justified or constitutional, despite challenges from legal scholars, civil society, or opposition parties. Governments may seek to amend constitutions to align them with their policy preferences or ideological agendas. Amendments that weaken rights protections or expand governmental powers can pave the way for laws that contradict established constitutional principles.During crises or emergencies, governments may invoke exceptional powers to address urgent threats or challenges. These actions, while justified as necessary under extraordinary circumstances, can lead to temporary suspensions of constitutional rights or the enactment of laws that conflict with constitutional norms. In some cases, weak institutional checks and balances within governmental systems may allow legislative or executive branches to pass laws that undermine constitutional principles without effective scrutiny or opposition.This situation often arises due to several factors. Once appropriate laws may become outdated as society changes. They might not reflect current social norms, technological advancements, or evolving ethical standards.Powerful interests can influence legislation to benefit themselves, even if it's unfair to others. This can lead to laws that prioritize certain groups or industries over others.Laws can be complex and difficult to interpret fairly for all situations. This complexity can sometimes be exploited or misunderstood, leading to unfair outcomes. Even if a law is fair on paper, inconsistent enforcement or lack of oversight can lead to unfair outcomes in practice.Politicians may support laws that are legally justifiable but politically expedient, even if they are unfair or unpopular among certain groups. Court rulings and legal precedents can sometimes uphold unfair laws or interpretations due to adherence to established legal principles rather than revisiting fairness in the broader context.There are some examples where governments have enacted laws to legalize their intentions or actions. Governments in authoritarian regimes may pass laws that suppress dissent or limit political opposition, justifying these actions under the guise of maintaining stability or national security. Some governments pass laws legalizing extensive surveillance measures on citizens, justifying them as necessary for counter-terrorism or law enforcement purposes.Laws that restrict freedom of speech or the press can be justified by governments under the pretext of protecting public morals, national security, or preventing misinformation. Governments may pass laws favouring certain industries or businesses, providing legal backing for subsidies, tariffs, or regulations that benefit specific economic interests. While often beneficial, environmental laws can sometimes be crafted to favour industries or development projects, justifying environmental impact under economic growth or job creation.Governments may enact laws during emergencies, granting them broader powers such as curfews, restrictions on movement, or requisitioning of resources, justified by the need to respond swiftly to crises.In each case, while these laws may be legally valid, they can also be controversial and raise questions about fairness, human rights, and democratic principles depending on how they are applied and their broader impact on society.In employment policies, the government can reap protests if the policy violates the constitutional rights of its people. Ayşe Çağlar and Nina Glick Schiller explore how migration influences urban development, displacement, and regeneration processes, examining the interplay between migrant communities, urban policies, and local labour markets. Migration contributes to urban restructuring by reshaping demographic compositions, labour markets, and social dynamics within cities. Migrant communities often settle in specific neighbourhoods, influencing local economies, cultural landscapes, and urban identities. Migration can lead to processes of displacement, where existing residents are forced out due to rising rents, property development, or urban regeneration projects. Gentrification, driven by investment and demographic changes brought by migrants, can alter the socioeconomic fabric of neighborhoods.Migrant labor plays a crucial role in urban economies, particularly in sectors such as construction, services, and informal markets. The influx of migrant workers can meet labor demands, fill skills gaps, and contribute to economic growth, but it can also lead to competition with local workers and challenges related to labor rights and conditions. Migration influences social integration dynamics, impacting how migrant communities interact with local populations and navigate urban spaces. It can foster cultural diversity and cosmopolitanism but also give rise to social tensions, discrimination, and exclusionary practices.In the case of Indonesia, critics argue that policies allowing a large influx of foreign workers, particularly in sectors like construction and infrastructure funded by foreign investments, may disadvantage local workers. This can lead to concerns about wage suppression and limited job opportunities for Indonesians. The 1945 Constitution of Indonesia emphasizes social justice and equality, including provisions aimed at protecting job opportunities and improving the welfare of Indonesian citizens. Indonesian law generally requires that foreign workers must fulfill specific criteria and obtain permits to work in the country. However, the implementation and enforcement of these regulations, including ensuring that they do not undermine local job markets, can be contentious.Governments often justify policies allowing foreign workers based on economic development needs, technology transfer, and infrastructure project requirements. These arguments aim to stimulate economic growth and attract foreign investment, but critics question whether these benefits sufficiently outweigh potential drawbacks for local labour markets.The effect of foreign workers entering a country can have various impacts on local workers, depending on the specific context and policies in place. Increased numbers of foreign workers can lead to greater competition for jobs in certain sectors, potentially affecting employment opportunities and wages for local workers, especially in industries where foreign labour is prevalent. This competition may limit job opportunities for local workers, particularly in obtaining strategic positions within companies.The presence of foreign workers, particularly if they are willing to work for lower wages or under less favourable conditions than local workers, can put downward pressure on wage levels in certain industries. This can lead to concerns about wage suppression and economic inequality. Some certain Industries in Indonesia, perceive foreign nationals (expatriates) as having superior knowledge and skills compared to local people. This perception can create a sense of inferiority among local workers, affecting their confidence and job prospects. Although there is widespread information that the number of foreign workers is relatively small, critics are more concerned about its dangers to local workers. Empirical data shows that the arrival of foreign workers has led to increased unemployment among Indonesian workers.Tensions arising from governments making rules or laws that contradict constitutional principles can have significant socio-political implications. When governments disregard constitutional principles, it can undermine public trust in governmental institutions and the rule of law. This erosion of trust can lead to heightened political polarization and scepticism about the legitimacy of political processes. Controversies over constitutional violations can deepen social divisions within society. Debates over rights, freedoms, and governmental authority may exacerbate existing cleavages based on ideology, identity, or socioeconomic status. Public discontent over unconstitutional laws can manifest in protests, demonstrations, and civil unrest. These movements may challenge governmental legitimacy and demand corrective actions to restore constitutional order.Constitutional crises can strain judicial systems tasked with interpreting and adjudicating conflicts between laws and constitutional guarantees. Judicial decisions in high-profile cases may influence public perceptions of fairness and justice. Internationally, governments facing accusations of constitutional violations may face diplomatic pressures, human rights scrutiny, or sanctions from international organizations or foreign governments concerned with human rights and democratic governance. Constitutional controversies can stall legislative agendas as governments grapple with legal challenges, public opposition, and internal dissent. This gridlock may hinder effective governance and policy-making processes.Overall, socio-political tensions stemming from conflicts between laws and constitutional principles highlight broader issues of democratic governance, rights protection, and the balance of power between governmental authority and individual liberties. Addressing these tensions often requires a combination of legal remedies, civic engagement, political dialogue, and institutional reforms to uphold constitutional integrity and democratic values.There are several actions if civil society or the general public perceives or discovers that governments are making rules or laws that contradict constitutional principles. Civil society organizations, advocacy groups, or affected individuals can initiate legal challenges against unconstitutional laws. This involves filing lawsuits in constitutional courts or other judicial bodies to contest the legality of the laws in question.Educating the public about the implications of unconstitutional laws and mobilizing support for constitutional principles through media, grassroots activism, and social media campaigns can raise awareness and build public pressure for change. Engaging with political representatives, lobbying for legislative reforms, and supporting political candidates who prioritize constitutional rights can influence policy outcomes and promote adherence to constitutional principles within government.Drawing attention to constitutional violations on the international stage through human rights organizations, international forums, and diplomatic channels can exert pressure on governments to uphold their legal obligations and respect fundamental rights. Monitoring governmental actions, documenting instances of constitutional violations, and publishing reports or studies that highlight these issues can provide evidence for legal challenges, advocacy efforts, and public awareness campaigns.In extreme cases where constitutional violations are severe and systemic, civil disobedience, peaceful protests, and demonstrations can serve as powerful expressions of dissent and calls for governmental accountability and adherence to constitutional norms. Collaborating with other civil society organizations, legal experts, academics, and concerned citizens to form coalitions and alliances can amplify efforts to protect constitutional rights and strengthen advocacy initiatives.By engaging in these actions, civil society and the public can play a crucial role in holding governments accountable, defending constitutional principles, and promoting the rule of law within democratic societies.We have discussed the characteristics of Robust Institutions. Our next discussion will cover the role of Robust Institutions in a strong nation. Biidhnillah."
Amidst flickering candlelight, Seruni whispered the verses,Laws crumble like ancient scrolls,In the halls of power, corruption unfolds.Constitutions weep, their ink fading fast,As leaders rewrite rules to serve their cast.
Citations & References:
- Adam Chilton & Mila Versteeg, How Constitutional Rights Matter, 2020, Oxford University Press
- Douglass C. North, Institutions, Institutional Change and Economic Performance, 1990, Cambridge University Press
- Ayşe Çağlar and Nina Glick Schiller, Migrants & City Making: Dispossession, Displacement & Urban Regeneration, 2018, Duke University Press
