President Joko Widodo finally chose Daniel Yusmic Pancastaki Foekh to replace I Dewa Gede Palguna who had finished his term on January 7, 2020. Daniel became the first son of East Nusa Tenggara to serve as the constitutional judge since the Constitutional Court was established.
Born in Kupang, East Nusa Tenggara on December 15, 1964, Daniel is the 5th son of seven siblings. He was born to the couple Mr. Esau Foekh and Mrs. Yohana Foekh-Mozes. When Daniel graduated from the GMIT 2 Elementary School in Kefamenanu District, he got a mediocre grade. The father's idealism that requires each of his children to get good grades makes Daniel have to repeat grade VI of SD Inpres Oetete II Kupang. This caused him to repeat grade VI elementary school together with his younger brother. For this reason, Daniel has two elementary school diplomas.
Being raised from a family of educators does not necessarily make the figure of Daniel have ideals as an educator. He actually dreams as a judge. However, his ambition is not supported by the father. His father wanted him to continue his work as an educator. "My father is an educator, a civil servant. My father began his career as a primary school teacher, elementary school principal, school inspector until finally retiring from the Regional Office of Education and Culture (P & K) of the Province of NTT, "he said.
According to Daniel, at that time in NTT, one of the positions respected by the community is an educator (teacher), in addition to Pastors and Pastors. Therefore, his father hopes that Daniel can become an educator. However, he saw his father's life so simple that it appeared in his mind not to live as an educator like his father. "I just understood why your life is so simple. He must support seven children. Moreover, being an honest PNS educator in Kupang, there is no possibility of income other than salary, "he said Then, when his father became the owner of a school on Rote Island (currently Rote-Ndao district), he was inspired to take the law school from a brother who was a pokrol bambu (re: a practice lawyer who does not have official permission), who usually attends law in the District Court Rote. From there, his love for the legal world began to grow. Although the father opposed his ambition, Daniel was not broken in pursuit of his dream. After graduating from Kupang Public High School 1, he enrolled in the New Student Admission Selection (Sipenmaru) in 1985, with first choice at the Law Faculty of Nusa Cendana State University (Undana) Kupang and second choice also at the Udayana School of Law in Bali.
"I remember that my father had threatened that if I continued to take law school, he would not have paid for my studies. But after the official announcement I was accepted as an Undana FH student, my father continued to pay my registration, by telling me, while I was not allowed to get married, " he recalled.
Daniel was officially a student of the Faculty of Law at Nusa Cendana University (UNDANA). Previously, he wanted to major in civil law. According to him, there is an opinion that graduates with a major in civil law will find it easier to get a job than other majors. However, when Law Number 5 of 1986 concerning State Administrative Court was published, he and two colleagues (Mohammad Said and Renhard Udjululu) chose the department of state administration law. "So, at that time, the initial intention was to major in civil law. Then, it moved to constitutional law because it was inspired by Law No. 5/1986 concerning TUN justice,” said the father of three children.
According to Daniel, at that time the law faculty at Nusa Cendana University had 4 majors, namely civil law, criminal law, international law and constitutional law (HTN). However, the HTN majors were slightly in demand. Since the enactment of Law No. 5/1986 concerning PTUN, he and two of his friends have applied for HTN majors.
"The law motivates us. The three of us turn to HTN majors. We fill out forms with each other so that no one lies to each other. Now my two friends become PNS / ASN (Mohammad Said. SH became BKKBN PNS civil servants in Maros Sulsel and Renhard. Udjululu, SH in Lapas Anak Kupang City.) I like to joke with them, if you become civil servants, then I want to be a state official, "recalls the husband of Sumiaty. Who would have thought that the joke would be a answered prayer. Thirty years later, Daniel was officially appointed by President Joko Widodo as a constitutional judge replacing I Dewa Gede Palguna who entered retirement.
Daniel's life journey cannot be separated from the world of activists. He has been active in the Indonesian Christian Student Movement (GMKI) Kupang since being registered as a student in 1985. After graduating from UNDANA in 1990, he expressed his intention to take the professional journalist test in 1991 in Yogyakarta. Unfortunately, he did not pass the test.
Because he was not accepted as a professional journalist, he chose to migrate to Jakarta armed with savings from the scholarship money he received while studying at Undana Kupang and additional money from parents. The day after arriving in Jakarta, he attended editorial and communication training for 7 months in activities organized by the Bina Kasih Communication Foundation (YKBK). Not only that, he also took brevet A and brevet B tax courses in the same year. Armed with this ability, he was accepted as an employee at PT Data Search Indonesia. Two years later (in 1993), he chose to resign because he was assigned by the GMKI Central Board to attend the P4 Upgrading Pattern 120 hours (for one month). Daniel made it into the 17th best. Because of these achievements, Daniel was then assigned again to attend the National Level Alert Level Upgrading and made it into the 10 best. In the same year, the Ministry of Youth and Sports in collaboration with the Ministry of Defense and Security held the education of the National Defense Awareness Cadre, with the requirement that they had to take part in the Tarpadnas. "PP GMKI finally commissioned me to return to the Defense In Upgrading Training. The educational experience, began to open up the nationalist insight, so Daniel began to love Pancasila, the 1945 Constitution, the Unitary Republic of Indonesia and Unity in Diversity, "he explained.
At the GMKI Congress in Pekanbaru, Riau in 1994, Daniel was entrusted to be the Deputy General Secretary (Wasekum) of the Central Board of GMKI and the GMKI Congress in Ambon in 1996 was elected as the Chair of Action and Services (Head of AP). In the midst of his activities as an activist, Daniel has a desire to continue his S2 studies since graduating from S1 in 1990. It was only in 1995, Daniel followed the selection of Strata 2 Legal Studies at the University of Indonesia Graduate Program and he passed the selection with a concentration of state law (HTN).
In 1997, there began a world monetary crisis, which also occurred in a crisis of confidence in the Government, especially President Soeharto. As head of the AP field, Daniel was involved in various extra-campus activities with the Cipayung Group and the Indonesian Youth Nationality Forum (FKPI) consisting of the Cipayung Group (minus HMI) plus. In that situation, Daniel had to divide his time in managing the organization and focus on completing his S2 Education at the University of Indonesia and preparing for a wedding on 5 June 1998 in Palangka Raya.
"I still remember Pak Harto (re: President Soeharto) At that time, stepping down on May 21, 1998. While my thesis session was scheduled for May 29, 1998, at that time, Prof. Jimly (re: Jimly Asshiddiqie), who was my mentor, assumed the position of Assistant Welfare Assistant to the Vice President. After Pak Harto stepped down, Prof. B.J Habibie was sworn in as President. At that time, I was worried because eight days later I had a Thesis exam, whether Prof. Jimly could attend or not. Praise be to Prof. Jimly for being present (leaving state duties) with other examiners. After the test and passed, at that moment I gave a wedding invitation to all examiners, "he said. During their education, the teacher who lives in the Central Salemba area is known as a figure who is smart and likes to organize, but in his daily life, he always looks simple. Daniel was noted to have been the Chairperson of the Front Line Scout Ambassadors Board of RRI Kupang 03/04 (1989-1990), Secretary of the Kupang Branch Philately, Student Executive Board (BEM), and also the Indonesian Christian Student Movement (GMKI) Kupang.
At GMKI, Daniel did not only superimpose name, but continued to study and keep up with student movements. Daniel Yusmic has also been trusted as the Deputy Chairperson of the DKI Jakarta Indonesian Christian Intelligence Association (PIKI), Chairperson of Indonesian Christian Participation (PARKINDO) Central Jakarta Branch, Deputy Chairperson of the DKI Jakarta HTN-HAN Teaching Association, General Chair of the GMIT Representative Board Timor) in Jakarta 2013 - 2017, Chairperson of the Jakarta Association of Constitutional Court (APHAMK) Lecturer Relationship Sector Relations, the National Association of Senior Associations (PNPS GMKI) and the General Secretary of the PGI-GMKI Cooperation Body 2014-2019.
Daniel is also actively involved in several institutions, including Secretary II of the PGI Cikini Health Foundation, as well as the Executive Board of the Christian Education Council (MPK) in Indonesia. Deputy Secretary General 1 of the Central Private Consultative Council (BMPS). Superintendent at the Indonesian Communication Foundation (YKI) and Chair of the YKI Legal Aid and Service Institute (LPBH). Member of the Board of Trustees of the Bina Kasih Communication Foundation (YKBK). Management of Bina Darma Foundation in Salatiga. Member of the Law of the Alliance of Churches in Indonesia (PGI). Secretary of the Advocacy of the Protestant Church in Indonesia (GPI) and legal counsel at GPIB Paulus. To maintain independence and impartiality, Daniel has submitted an application for resignation from the date of inauguration.
Before being appointed as a Constitutional Justice, Daniel was an honorary lecturer at the Law Faculty of the Indonesian Christian University and a permanent lecturer at the Law Faculty of Atma Jaya University with a functional position as an Assistant Expert. During his time as a lecturer at Atma Jaya Catholic University, he was once trusted as the Deputy Dean of the Faculty of Law.
When asked about his background in participating in the selection of constitutional judges, Daniel explained that there were many parties who encouraged him to participate, even though he was initially not interested. He still thinks the official ties at Atma Jaya University are still around 2 (two) years from now and the number of judges to be replaced is only one.
"I was having a hard time stepping up because of my study assignment at Atma Jaya. Obligation to serve me 2n + 1, Atma Jaya prepared our study fees for 5 years because I was a doctor from 2005 - 2010, then 2n + 1 became 11 years of service. Several times the temptation (registering as Chief Justice and Constitutional Justice), but I refrain because there is a moral responsibility as a lecturer to serve, "explained the Doctor of Constitutional Law, University of Indonesia.
Daniel continued at first, he ignored the incoming message which provided information regarding the selection of substitute judge constitution I Dewa Gede Palguna. However, finally his beloved wife who motivated him to try to register himself in the selection. "On November 29, 2019, my wife said to try it first, even though I was worried that there was an 'entrusted palace', so I had decided not to register. I told my wife that I didn't want to register. If there is a 'prospective deposit', then I will only be a complement to the (selected) people later. But my wife still asked me to try. This support was also given by my brother, Jozthin Thelik, who offered to help administer if I changed my mind to register, "he explained.
Finally, on 30 November 2019 at dawn, Daniel thought about registering. He immediately poured the ideas in his head about the "Ideal MK" into a 15-page paper. After working on a paper around 12:00, Daniel asked Jozthin for help to prepare all administrative requirements. Both of them rushed to prepare all the requirements to become a constitutional judge. Almost at 3:00 pm Daniel arrived at the office of the State Secretariat to register.
"In the registration room there are no officers. I peeked in another room but there were still employees. I said I wanted to be listed as MK judges and two officers came out and served us. I ranked 15th from the list that turned out to be 17. After me, there was a man who registered at number 16, he said, 'I came here to be among you in the top 3'. This may be a joke, but it turns out that his prediction is true, "he said.
Previously, out of the 17 candidates who took part in the selection, Daniel along with two other people passed the selection, namely Suparman Marzuki, and Ida Budhiati. He became a constitutional judge representing the elements of the president. Asked about his vision and mission as a constitutional judge, Daniel mentioned changing the Indonesian emergency state administrative law system which was originally a subjective emergency state administration law into an objective emergency state administration law. It is hoped that the ideas set forth in the paper, so that the Constitutional Court has the authority to assess the requirements of urgency in force in Government Regulation as a substitute for the law (Perpu).
Until now, Indonesia still adheres to subjective emergency state administration law. Whereas the Dutch who once colonized (Indonesia) had changed from subjective state administration law to objective state administration law in 1911. If the Netherlands had changed, why would Indonesia still adhere to subjective emergency state administration law? In the Constitutional Court's decision number 138 / PUU-XII / 2009, the ratio decendi stated that the Constitutional Court was authorized to test the Perpu, according to Daniel, the Court should not test the law (Perpu), but the requirements of "compulsive urgency". That is actually my vision, "said Daniel.
Starting from an academic then becoming a constitutional judge is certainly not an easy thing. Daniel also admitted that he still had a lot to learn to adapt to the trial. He was grateful to be given much input and direction from eight other constitutional judges. "The day after I was appointed I had to convene. As when entering or exiting the courtroom as a judge I should pay my respects to all those present, I didn't know before. The second trial I just implemented, "he said.
The Importance of Family Support
The father of Refindie Micatie Esanie Foekh, Franklyn Putera Natal Foekh, and Abram Figust Olimpiano Foekh said that family support was very important in his career. If it were not for the support of his wife and first daughter, he would not have registered as a candidate for constitutional justice. When he was elected, his family in Kupang was also touched and happy. Even Daniel's brother who became a lecturer at the College of Agriculture and Development in Malang took the time to attend his inauguration at the State Palace on 7 January 2020.
"All families are touched. My wife and I give thanks to God. And for us this is an honor from Mr. President who must be maintained authority through the quality of decisions. When I entered the big 3, I was not burdened. Even if it's not chosen yet, it's not God's time yet. I am grateful that many people were involved, we pray and work ora et labora. I got the information the day before, but I told my wife not to tell me first. It was only after the media preached that finally everyone knew, "said the man who had the motto of life" being a person who was beneficial to God, Fellow and Homeland ".
Place and Date of Birth: Kupang, December 15, 1964
Position: Constitutional Justice
Refindie Micatie Esanie Foekh
Franklyn Son of Christmas Foekh
Abram Figust Olimpiano Foekh
Inpres Oetete II Elementary School (1979)
Negeri II Kupang Junior High School (1982)
Public Senior High School I Kupang (1985)
Bachelor of Science in HTN UNDANA Kupang (1990)
Masters of Science in HTN University of Indonesia (1995)
Doctor in HTN University of Indonesia (2005)