Constitutional analysis demonstrates systemic barriers to minority rights under majoritarian governance, highlighting practical pathways toward inclusive legal reform.
This article examines the governance of minority rights in Indonesia through the lens of inclusive constitutionalism. While Indonesia's constitution guarantees equality and non-discrimination, in practice, ethnic, religious, and indigenous minorities often face systemic marginalisation. This paper argues that Indonesia's existing constitutional and legal framework falls short of realising substantive equality due to a combination of centralised power, legal ambiguity, and majoritarian cultural dominance. Drawing from theories of multicultural constitutionalism, legal pluralism, and participatory governance, this study proposes a reimagined approach that embeds minority rights within an inclusive and dialogical constitutional order. It further outlines practical pathways – including constitutional reform, local autonomy, and institutional innovation – for building a more just and representative governance system.
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Hermanto et al. (2026) studied this question.
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