The Welfare State: Construction of the Caliphate System and the Indonesia Constitutional Citizen Health and Social Rights

Abstract

The caliphate system is a system which is known to only acknowledge a government or a state leadership as legal if its governance uses the Islamic law as the absolute law, meanwhile other laws such as the positive law (the law which is applied in Indonesia) is deemed as a form of governance which is against Islam. Such understanding is clearly contradictory to the Indonesian Constitution (the 1945 Constitution). In the Indonesian Constitution, it has stated that the implementation of the government or the authority is based on the constitution supremacy. All forms of governance or application of authority (in the state) refer to the norms created by the state through the mandated organizations.