Aga Natalis

This study examines the convergence of law, beauty standards, and feminist-Foucauldian theory, emphasising the influence of beauty myths on cultural norms and legal frameworks. Beauty standards, shaped by media, commercial, and legal structures, establish a restrictive and exclusive notion of beauty, frequently favouring lighter complexion, thinner physiques, and straight hair. These norms, devoid of a biological foundation, originate from social constructs that perpetuate patriarchal and capitalist ideologies. The law significantly reinforces these standars by normalizing certain physical traita and marginalising those who differ. Utilising Foucault’s notion of “disciplinary power,” the examination emphasises how individuals internalise societal norms and consciously modify their bodies to conform to these standards. It also attacks the legal system’s inadequacy in addressing body image discrimination, which exacerbates the marginalisation of individuals who diverge from conventional beauty standards. This study underscores the significance of intersectionality, asserting how beauty myths intersect with race, gender, and class, while urging legal frameworks that accommodate diverse body types to strengthen equality and protect against appearance-based discrimination.

As formulated in the Preamble to the 1945 Constitution, Pancasila represents the core values agreed upon during the meetings of the Body of Investigators for Preparatory Efforts for Indonesian Independence and the Preparatory Committee for Indonesian Independence. These values were subsequently adopted as the Foundation of the Indonesian State. However, the question persist regarding whether Pancasila can be considered as the grundnorm within Hans Kelsen’s framework in his pure theory of law. This study finds that the grundnorm, as the highest source of legal obligation, is accepted as a necessity by individuals as a necessity through their free will and is inherently perceived as true. It exists in the practical reason of each individual, is a priori, and is never formalized through state processes. Pancasila, although fundamental, cannot be equated with the grundnorm as its authority as the source of all state laws derives not from its content but from its formal declaration by legislative and executive bodies. Despite this, Pancasila serves as a unifying foundation that reconciles differences in ethnicity, race, and religion, ensuring Indonesia’s sustainable existence, transcending merely being a source of legal obligation.