“Panchahira is our soul, a proof of the existence of the country, and the University of Chamarta unites to build our islands together.”
With the passion and pride of thousands of freshmen from different islands, tribes, and faiths in Indonesia (hereafter referred to as “Indonesia”), this slogan resounded at the opening ceremony of the University of Kacha Madh, Indonesia, on the one hand, Huntington A modern representation of the “national character” crisis,  on the other hand is a fragment of Indonesia’s exploration of the transformation of tribal states into nation states from innate geographical conditions, cultural traditions and colonial history. The core concept of this exploration is “Pancha Sheila”, which is expressed in the modern Indonesian Constitution: the belief in the Shinto, the humanitarianism of justice and civilization, the unity and unity of Indonesia, under the guidance of representative and negotiation systems. Democracy and social justice for all Indonesian people.
From the perspective of the natural nation, Indonesia is constrained by the geographical environment of the “Thousand Islands” and lacks a unified culture and tradition. Affected by this, in front of the door of modern sovereign politics, Indonesia is more represented as a “tribal” country.  More complicated is that the historical conditions of long-term division and the impact of colonial rule have caused Indonesian society to form a fragmented island and tribe, the main island of Java and the outer island, the structure of multiple religions, aborigines and immigrants. Sexual conflict. How to deal with these complicated ethnic relations and rationally construct a unified ethnic identity is a common predicament faced by Indonesia and even all Southeast Asian countries in the post-colonial era.
Early Exploration of Cultural Nationalism
Hundreds of tribes in Indonesia have their own cultural and traditional characteristics, living in separate areas and following the “customary law” formed by nature without being disturbed. Different tribes have had independent legislative, judicial and executive powers before the founding of the People’s Republic. For example, Aceh is entitled to substantive governance by the tribal feudal lord Ulubaran, and the Sudan has only formal dominance. The arrival of Dutch colonists did not break their original power structure. Instead, in the early 20th century, the Dutch began to pay attention to the legal significance of “adat”  in the traditional power structure of Indonesia, dividing Indonesia into 19 areas of customary law (see Table 1). This led to the further intensification of the geographical and ethnic characteristics of fragmentation during the colonial period.
Early Indonesian nationalists realized that the fragmented tribal status constitutes the biggest obstacle to Indonesia’s reunification. Therefore, the construction of Indonesia’s unified national identity will not only be in geography or history, but also in a unified culture shared by Indonesians. At the conceptual level, in 1928, the Second National Youth Conference of Indonesia released the world-famous “Youth Vows”, proposing “Our Indonesian children, only one nation – Indonesian nation; our Indonesian children, only one motherland – Indonesia The motherland; our children in Indonesia only recognize one language – Indonesian.” This oath constitutes the ideological foundation of Indonesia’s resistance to colonial rule and national independence in the wave of nationalism. For the first time, people in the vast Dutch colonial territory are aggregated on a unified ideological basis to construct a new unified identity. At the practical level, these cultural nationalists seek to “build, organize and develop a new culture, a culture of Indonesia that is unified” through early nationalist publications such as The New Poet. 
However, most of the early cultural nationalists came from the economically and culturally developed main island of Java. The cultural concept of “one nation” has a profound Javanese brand, and excludes a large number of tribes scattered outside the main island from cultural imagination. Ignore the culture and habit characteristics of other tribes. The reason why Java Island can become the political, economic and cultural center of modern Indonesia is not only because of its geographical location and population size, but also the political needs of Dutch colonial governance. In 1619, the Netherlands first occupied Batavia (present-day Jakarta) and rapidly expanded its sphere of influence to Java. Difficult to the cost of governance, the Netherlands only directs direct control over parts of Java where the resources are relatively concentrated. For the subsequent outer islands that are conquered successively, the tribal leaders or religious leaders are indirectly ruled by agreement. During the colonial period, resources such as politics, economy, and education gradually gathered in Java, forming the difference between the main island and the outer island.  For example, the Dutch institution of higher education established in Batavia became a shackle for educators on the outer islands, forming Andersen’s “pilgrimage” system for the capital.  Correspondingly, from the early days of independence to the beginning of the 21st century, the local separatist forces represented by Aceh and West Irian have always been problems faced by the Indonesian central government.
In response to the conflict between the Javanese and the outer island tribes, the late cultural nationalists consciously played down the subjectivity of Java. For example, language is the carrier of culture. Javanese, used as a colonial center in Java, was the most widely spoken language at the time, but it was not defined as the national unified language. This was mainly to dilute the central position of the Javanese and seek the approval of the people outside. Later, Article 36 of the Indonesian Constitution of 1945 established the official status of Indonesian as a unified national language. Act No. 24 of 2009 is legally used as a symbol of “unified national identity and national pride, and a medium for cross-regional and intercultural communication”. 
Panchasila: Consensus on Seeking National Concepts in History and Politics
With Japan’s gradual retreat in World War II and the vigorous development of the Indonesian nationalist movement, Panchahira has gradually formed and developed as the core of the Indonesian national concept. The key historical node is the Indonesian Constitution in 1945. The meeting “Independent Preparatory Investigation Committee”. The theme of the conference covered the basic issues established by the country. The members came from the four major Indonesian nationalist schools of liberal nationalism, organic nationalism, radical nationalism and Islamic nationalism.
At this meeting, the representative of liberal nationalism Muhammad Yamin explained the original Panhashirah principle: “unified nation”, “humanitarianism”, “shinto”, “consultation system”, “representative system” “, rationalism” and “people’s welfare.”  This idea is still a continuation of the Western-led constitutional state-building model, when nationalists tried to integrate fragmented tribal relations through some “neutral” legal principles. However, due to the dispute between the original Java Island main body and the outer island, the plan is to establish a main political order of Java Island that has been further strengthened by the representative system.
As a core figure of organic nationalism, Sudomo, the founder of the customary law, Warren Hoffen believes that a unified and unified country should be established on the basis of Indonesian customary law. The state is a community that integrates citizens of different classes. The people of the class perform their duties, live in harmony, and inherit the traditional constitutional order that has been formed in customary law.  In other words, organic nationalism draws on the essence of another part of the former Dutch Federal Republic, which preserves the autonomy of the original tribes and localities. The logic is to establish a republic on the basis of the tribe, transform the ethnic issue into a class problem within the republic, and dispel it through the construction of the welfare state.
Of particular note to this meeting is Sukarno, a representative of radical nationalism (later known as the “Folk of Indonesia”), which focuses on “the worldview of an independent Indonesian state” and embodies this worldview into five basic principles. : “Nationalism in Indonesia”, “internationalism or humanity”, “consultation or democracy”, “social prosperity”, and “establishing an independent Indonesia on the basis of the belief in the Shinto”, that is, the prototype of “Panchahira”.  Sukarno’s concept is essentially a major coordination of various structural conflicts in Indonesia. The “Nationalism of Indonesia” advocated has two meanings. First, it recognizes the value of nationalism and national self-determination at that time, respecting each The traditional culture and customary law of the tribe; the second is to emphasize the importance of the Indonesian nation and solve the problem of fragmentation of the tribe. On the basis of the establishment of the nationality, Panchasila was able to absorb the interests and positions of various nationalist schools, complete political compromises, and finally form Indonesian national concept.
Like the concept of the “Chinese nation,” the Indonesian nation is also a collection of dominant ideas, including the entire concept of Panchasila,  such as the equal status of citizens, the particularity of politics, economy, culture, and belief in history. And the identity in the modern republic and its common historical destiny. In addition, in the historical narrative of the nation, Panchasila sought a common ancestor for each tribe to resolve the clan conflict between the main island and the outer island. Specifically, even before the Dutch colonists reached the territory of Indonesia, Indonesia’s territory fell apart and was divided by different kingdoms, but in Sukarno’s view, Indonesia’s history also had a wide range of territories. Even more than the existing territory of the Sri Lankan kingdom and the two “nations of the country”, and “only the entire Indonesian territory can be regarded as a nation state.”  In such a narrative lineage, “Panchahira” constitutes the greatest common denominator of Indonesia’s diverse traditions, cultures and religions, and plays an important role as a sacred value in the operation of various national systems. For example, during the period of Baahjong, Hinduism, Buddhism and the different schools of the two, and other forms of tradition can coexist harmoniously in a unified country, which reflects the value of Panchasila.  The flag of modern Indonesia uses the “red and white flag”, also from the Kingdom of Mahjong, to clarify the unity of Indonesian national history.
In the process of Indonesia’s struggle for independence, in addition to the nationalists seeking to establish Western-style democratic secular countries, there is also a wave of Islamic nationalism, trying to establish an Islamic religious state in Indonesia. Its ideals of political and religious are concentrated in the Jakarta Charter. 15] That is, through the constitution, the normative role of Islamic law in civic life is established, so that Indonesia is closest to the “Islamic religious state”. However, the claims of Islamic religious states conflict with the Christians in eastern Indonesia who threatened to be independent.  Therefore, in the final draft of the Indonesian Constitution, “Panchahira” became a multi-religious compromise, “Faith Shinto” jumped to the first principle, and deleted the Islamic law provisions in the Jakarta Charter. Since then, the constitutional interpretation of the “Faith of God” has been wavering between Islamic groups, minority religious representatives, and secular nationalists.  Even during the period of parliamentary democracy and constitutional reform, conservative Islamism and secular nationalists still debated “what is Indonesian identity”. Based on religious piety, conservative Islamists believe that only the practice of Islamic law is a devout Islam to obtain the blessing of Allah, and that the secular nationalists represented by Indonesia’s first President Sukarno Indonesian nationals are not only Muslims, but also Christians and Hindus scattered on different islands. Only Panchasila can maintain Indonesia’s unity and solidarity. 
In general, Panchasila is the foundation of Indonesia’s national integration, the living standards of the Indonesian nation, the basic philosophy of the Republic of Indonesia, the national culture of Indonesia, and the ideology of the Indonesian nation and nation.  “Panchahira” is also understood as an unwritten “fundamental law” that has the same status as the Constitution and is the basis for all legislative, law enforcement, judicial and law-abiding activities.  For example, in Indonesian criminal law, “anyone who violates the law in the public domain and expresses negation or substitution in the form of verbal, written or through any form of media.” Panchasila’s intention as a national basis will be punishable by a period of less than five years. imprisonment”.  Therefore, “Panchahira” can be said to be a combination of Western democracy, national thought and Indonesia’s unique religious culture. It is also in Sukarno’s integrated ideology that people of different factions and backgrounds can find their own appeals in Panchasila, thus shaping the common “one” of different tribes through an artificial union. “.
Local Tribal Autonomy and Dual Track Identity
As a historical imagination, the short-lived dynasty did not leave Indonesia with a deep-rooted unified cultural gene. How to arrange local tribes with long-term autonomy in the national construction has always been an important constitutional issue since Indonesia’s independence.
At the beginning of Indonesia’s independence, its constitutional dominance was still in the hands of Western countries. In order to preserve the Dutch forces to the maximum extent and to continue the governance tradition of divide and conquer, in 1949 the Republic of Indonesia and the 15 federations formed the “Federal Republic of Indonesia”, joined the “Dutch-Indonesian Federation” and recognized the Queen of the Netherlands as the “supreme head of state”. The “Federal Republic” has implemented “lasting cooperation” with the Netherlands in the areas of diplomacy, national defense, finance, economy and culture.
The essence of the above-mentioned scheme is based on the division of the early tribal customary law, and the integration of various tribes through the federal constitution, “the joint government and the people’s congress and the Senate jointly exercise the sovereignty of the Indonesian Federal Republic.”  Different tribes continue to operate in accordance with past governance and lifestyles. “States must ensure that the principles of social life of organizations formed in the local environment and the need to adopt democratic legislation in the context of local autonomy in the state’s legislation. Ways to solve this problem.”  The Constitution of the Federal Republic cancels the classification of Aboriginal and foreign immigrants in the Indonesian Constitution of 1945, which only states that “Citizens of the Federal Republic of Indonesia are regulated by federal law”, “Everyone has the right to be equal under the law. Treatment and protection.” 
The plan to integrate Dutch and Indonesian tribes with citizenship and the federal constitution quickly aborted. At the beginning of 1950, the Indonesian people launched a campaign for national unification throughout the country. Most of the federations withdrew from the Dutch Federation to form a new republic and enact a new interim constitution. The provisional constitution continues the treatment of the Constitution of the Federal Republic in relation to the treatment of Aboriginal and immigrants. In the handling of local tribes, traditional provisions such as local autonomy and local government have also been abolished, only to clearly indicate that “the territory of the Republic of Indonesia covers Indonesia. All areas”.  The logic of the interim constitution is consistent with the federal constitution, emphasizing only the unified “Citizen of the Republic of Indonesia”. The difference is that Panchasila became the core of citizenship. Thus, in 1950, Indonesia established the national emblem of the Panchasila Golden-winged Bird. The most obvious element is the coat of arms symbolizing the five principles of Panchasila in the chestnut bird’s chest, highlighting the importance of Panchasila to the unified Indonesian state. In addition, the garudas were used during the period of the paralysis of the Bachelor Kingdom, which also shows the independent Indonesia’s respect and inheritance of the culture of the Babbath period. On the white ribbon held by the two claws of the golden-winged bird, the motto “In the same place” is inlaid, which means that the Indonesian territory is composed of different regions with different cultures, traditions and religions. These regions have been isolated from each other. The past, but all found identity in the unified Indonesian nationality.
However, in the absence of modern national capabilities, the interim constitution has overemphasized the use of legal means to shape an Indonesian nation with flawed natural conditions, which has created hidden dangers for the separation movement of local tribes. In particular, because of the lack of cultural and historical identity, it is difficult for fragmented tribes to seek the common will of modern sovereign states in a unified legal framework. After the colonial power completely withdrew from the Indonesian regime as a common enemy, it did not bring about the prosperity of the country’s common development and the country. Instead, it led the autonomous areas to influence the legal rule of the emerging republic in an independent situation. For a long time, the Indonesian constitutional system has swayed between national identity and local tribal autonomy (see Table 2).
The hidden danger of local autonomy stems from the dual administrative system of the Dutch colonial period. In 1922, the Dutch colonial government promulgated the Administrative Reform Law, and the local tribal separatist law had legitimacy. The regulations stipulate that the chief executive is responsible for the day-to-day administration, and the aboriginal society is still “self-management” in most areas. According to the bill, local leaders have strong local control rights, and local people’s representative meetings in various places also accept the leadership of local leaders and manage regional affairs with them. The ubiquitous dual management system has enabled tribal forces to constrain the central government’s ability to lead through local leaders.  The “parliamentary democracy period” from 1950 to 1959, because most political parties only represented the interests of their respective regions, which led to the tendency of local self-government to take precedence over national reunification, and local governments established autonomous governments, as national administration. The central power of the representative appears to be loose and powerless.
In this regard, Sukarno, who was in power in 1959, opened the “Leadership with Leadership” and announced that the autonomous region would be managed by government-designated officials. The designated official has a dual status, both a local representative and a central representative. The unification of central government power promoted the de-localization of the locality. The most important measure is the construction of the education system. During this period, the central government established a unified education system based on the Indonesian language throughout the country, and even required uniform dressing. In some remote independent tribes, such as Mendawai in western Sumatra, the central government is committed to leading them into modern society, including measures to ban their primitive religious beliefs and demand that they choose Islam within three months. Or Christianity as a religious belief; dismantling long houses built along the river, establishing neat villages with churches and schools; and prohibiting the use of “non-Indonesian logos” such as glass beads, male long hair, and tattoos. In addition, Sukarno has actively expanded the power of the president, established a “mutual cooperation and cooperation” cabinet composed of several major political parties, and suppressed political parties that are “connected with certain tribal forces.”  During this period, traditional leaders and representatives of local tribes disappeared in various national ceremonies.
Since then, Suharto has continued the centralized model of the Sukarno era, and even the military’s authoritarianism as a guarantee, greatly weakening the local forces, but this has brought about the enhancement of the Javanese subjectivity. In 1968, the central government began to actively promote the “internal immigration policy”, and planned to migrate the population from the dense Java area to the sparsely populated Kalimantan, Sulawesi, Irian Jaya and so on. Due to the preferential immigration conditions provided by the central government, Javanese immigrants gradually grasped the economic advantages and land resources in the outer islands and crowded out the resources of the local tribes. Therefore, this immigration policy is interpreted as an “internal colonization”.  As the Java population increasingly migrated to the outer islands, the religious and cultural advantages of Java were spread to the outer islands. Although the foreign island tribes had some assimilation, this brought more resistance. It has aggravated the tension between Java and the outer island tribes.
Although Suharto’s authoritarian political model controls most of the local separatist forces, it leads to the fragility of political identity on the outer islands and the extreme imbalance of local economic and social development, which aggravates the tension between Java and the outer island tribes. The local separatist forces represented by the government have been fighting the central government. The struggle of local tribes led to the modern political transformation of Indonesia at the end of the 20th century and the “Decentralization Law” formed in this process. In response to special areas where local separatism tends to be serious, the Local Autonomy Law exchanges broader “decentralization” for national integration and recognition. In other words, under the impact of localism, Indonesia has formed a wide range of local autonomy under the current central control through extensive local autonomy and centralized practice, and established special zones in special areas to give them greater autonomy. Such a model can guarantee the influence of the central government on the local government. On the other hand, it can ensure that the traditions and cultures in different places are treated differently, forming a dual-track recognition of the central and local governments, and promoting the consolidation of national identity as a whole.
Limitations of dual track recognition
The national identity centered on the national imagination has solidified Indonesia’s social and political structure as a whole. But as Huntington said: “Modernization, economic development, urbanization and globalization have led people to rethink their identity.”  The national identity crisis has become a global phenomenon. For Indonesia, its national identity not only faces the cognitive confusion of citizenship in modernization, but also responds to challenges from diverse tribes, religions and cultures. On this basis, it gradually forms a two-track identification mechanism to reconcile each Class structural conflicts.
In the dual-track identity system, the tribe gained a certain degree of autonomy and retained the traditional customary law, but it was also included in the national administrative system under the unified leadership of the central government. In the local identity spectrum, one end is the main island of Java where Jakarta is located, and the other end is an outer island special zone such as Aceh. The structural conflict between the main island and the outer island has gained some compromise in the modern administrative system. In the dual-track identity, secular states have always maintained a detached relationship with Islam as the main body. The division of public and private spheres has made temporary compromises between Muslims and modern national citizens. Rousseau’s good deeds and good citizens The problem is also obscured under the dual track system. The immigrant group is directly assimilated into the Indonesian nationality in the dual-track identity, or obtains local autonomy as a traditional tribe.
The dual-track recognition is only a compromise product of Indonesia’s founding conditions and cannot change any end of the conflict “balance”. As a result, once some structural factors change under the impact of modernization, the “balance” will be out of balance, beyond the coordination scope of the dual-track system. The mosque terrorist attacks in Jakarta in 2018 exposed the sensitivity of religious issues in the current Indonesian legal framework. The amendments to the Anti-Terrorism Act were difficult in the debates of the Congress because of the involvement of Islam. It was not until the successive terrorist attacks that the amendments that had been delayed for more than two years were passed urgently. Former Jakarta governor Zhong Wanxue, who is also a representative of Chinese Christianity, was also imprisoned for religious remarks, which highlights the limited freedom of immigrant groups and minority religions in the current dual-track identity. At the same time, the limits of centralization are relatively limited. Indonesia is China’s “One Belt, One Road” infrastructure with the greatest demand, but the Yawan High-speed Railway is struggling during the land acquisition phase. Under the autonomy of local decentralization, the central government’s expropriation order and even the presidential order cannot effectively promote the project. A country with a wide geographical, historical and ethnic conditions, such as Indonesia, has already presupposed the deep-rooted predicament in its basic system when it chooses the principle of “establishing a nation by country.” This is also a common problem faced by Southeast Asian countries in the wave of nation-states.
(Author: Beijing Foreign Studies University School of Law)
* This achievement was funded by the “Double-Class” construction of Beijing Foreign Studies University.
 Samuel Huntington: “Who is American?” – The Challenges Faced by American National Characters, translated by Cheng Kexiong, Xinhua Press, 2010, p. 11.
 So far, the number of these independent tribal communities has not been accurately counted, but the existence of more than 350 tribes has become a consensus.
 “Habit” was defined by Dutch scholars as: “kebijakan dan pratik yang memandu setiap aspek kehidupan pribumi: hubungan social, pertanian, perawatan, orang sakit, pengaturan peradilan, pemujaan leluhur, penguburan orang mati, permainan dan hiburan populer, dll. (Policy and practice in all aspects of Aboriginal life: social relations, farming, maintenance, judicial arrangements, ancestor worship, burial, competition and entertainment, etc.) Encyclopaedie van Nederlandsch-Indie 1917: 6, by Tod Jones, Kebudayaan dan Kekuasaan Di Indonesia, Yayasan Pustaka Obor Indonesia, 2015, p. 48.
 Organized from Prof. Dr. Koentjaraningrat, Pengantar Ilmu Antropologi, PT Rineka Cipta, 2009, p. 247.
 Tod Jones, Kebudayaan dan Kekuasaan di Indonesia, Yayasan Pustaka Obor Indonesia, 2015, p. 59.
 Huang Huanzong, “The Colonial Policy and Evolution of the Dutch Colonizers in Indonesia”, in Nanyang Studies, No. 2, 1988.
 Benedict Anderson: The Community of Imagination: The Origin of Nationalism in Dissemination (Updated Edition), translated by Wu Ruiren, Shanghai Century Publishing Group, 2011, pp. 116-118.
 Undang-Undang Republik Indonesia Nomor 24 Tahun 2009 tentang Bendera, Bahasa, dan Lambang Negara serta Lagu Kebangsaan, Pasal 25, Ayat (2).
   Pro.Dr.H.Kaelan, MS, Negara Kebangsaan Pancasila: Kultural, Historis, Filosofis, Yuridis, dan Aktualisasinya, Penerbit Paradigma, 2018, p.21~23; p. 5; pp 4~39.
 David Bourchier, LLLiberal Democracy in Indonesia: the Ideology of the Family State, Routledge, 2015, pp. 66-67.
  Sukarno: The Sukarno Lecture, World Knowledge Press, 1956, p. 19; p. 13.
 Zhang Yongle: “Exploring the conscious rise of the Chinese nation: Commenting on Huang Xingtao
 Piagam Jakarta, drafted version of the 1945 Constitution, adopted on June 22, 1945.
 Simon Butt, “Islam, the State and the Constitutional Court in Indonesia”, Pacific Rim Law & Policy Journal, Vol.19 (2010).
 WB Sidjabat, Religious Tolerance and the Christian Faith: A Study of the Concept of Divine Omnipotent in the Indonesian Constitution in the Light of Islam and Christianity, Djakarta: BPK, 1965, p.
 REElson, “Two Failed Attempts to Islamize the Indonesian Constitution”, Journal of Social Issues in Southeast Asia, Vol. 28 (2013).
 Dr. Yopi Gunawan, SH, MH, MM, Kristian, SH, M.Hum., Perkembangan Konsep Negara Hukum & Negara Hukum Pancasila, PT Refika Aditama, 2015, p.1.
 Kitab Undang-undang Hukum Pidana, Buku Kedua, Tindak Pidana, pasal 214.
    Konstitusi Republik Indonesia Serikat, Pasal 1, Ayat (2); Pasal 47; Pasal 5, Ayat (1); Pasal 7, Ayat (2).
 Undang-Undang Dasar Sementara Republik Indonesia, Pasal 2.
 Drs. H. Syaukani, HR; Prof. Dr. Afan Gaffar, MA; Prof. Dr. M. Ryaas Rasyid, MA, Otonomi Daerah dalam Negara Kesatuan, Pustaka Pelajar, 2016, pp. 62-63.
 Nicole Niessen, Municipal Government in Indonesia, CNWS Publications, 1999, p.75.
  Reimar Schefold, “The Domestication of Culture: Nation-building and Ethnic Diversity in Indonesia”, Volkenkunde, Vol. 154 (1998).
 Dai Wanping: “Development and Prospects of Central and Local Relations in Indonesia”, Asia-Pacific Research Forum, No. 3, 2005.
 Huntington’s national identity can be understood as a citizen’s perception of the role of the country in which he is concerned. This perception is directly proportional to the degree of “national identity.” See Samuel Huntington: “Who is American?” — The Challenges Faced by American National Characters, translated by Cheng Kexiong, Xinhua Press, 2010, p. 11.
 According to the 2018 “One Belt, One Road” National Infrastructure Development Index, Indonesia has been ranked first for three consecutive years since 2016. See Xinhuasi Road Network, http://silkroad.news.cn/2018/0613/ 99626.shtml, last visit time: March 25, 2019.