The Constitutional Court and Identity Politics: An Analysis of Socially Sensitive Rulings

Abstract

The Constitutional Court of Indonesia often finds itself at the intersection of law and society, particularly when adjudicating cases involving identity politics. This study investigates how the Court approaches socially sensitive cases—such as those involving religion, ethnicity, gender, and minority rights—and the extent to which its rulings contribute to social inclusion or exclusion. Through a qualitative content analysis of landmark decisions, the research explores the legal reasoning, socio-political context, and public reception of these rulings. The findings suggest that the Court adopts a cautious approach, often balancing constitutional principles with prevailing societal values. However, such decisions sometimes reflect normative compromises that may inadvertently reinforce majoritarian dominance or fail to protect vulnerable groups. This research brings a novel perspective by framing the Constitutional Court not only as a legal institution but also as a political actor navigating a pluralistic society. It offers insights into the limits and possibilities of constitutional adjudication in managing identity-based tensions within a democratic framework.