400 Members of the National Bhinneka Tunggal Ika Alliance Visit the Constitutional Court

Chief Justice of the Constitutional Court (The Court), Moh. Mahfud MD and Constitutional Court Justice Maria Farida Indrati (center) received 400 Members of the National Bhinneka Tunggal Ika Alliance on Friday (29/10).

Jakarta, MKOnline – The National Bhinneka Tunggal Ika Alliance (ANBTI) visited the Constitutional Court (The Court) on Friday (29/10) morning. The group consisting of approximately 400 members came from 33 provinces in Indonesia. “They consist of customary figures, NGOs, religious leaders, humanists and academicians,” said Bachtiar M. A Saleh, one of the facilitators of the program. The members came with traditional clothing of their respective regions.

In the meeting, the group was received by The Court’s Chief Justice Moh. Mahfud MD accompanied by Constitutional Court Justice Maria Farida Indrati. Also present on that occasion were The Court’s Secretary General Janedjri M. Gaffar, Secretary General of ANBTI Nia Sarifudin as well as the National Assembly Coordinator Hermandari.

“Our (ANBTI’s-ed) vision is to maintain the integrity of the Unitary State of the Republic of Indonesia (NKRI) and its diversity which shall be performed in accordance with Pancasila and the 1945 Constitution,” said Nia in her information. Whereas the purpose of the visit to The Court, she continued, was to convey some points of thought related to Indonesia nationality and diversity. Previously, ANBTI had organized a symposium related to the issue with five focuses of study, among other things, freedom of religion, law and Human Rights enforcement; fulfillment of basic rights; as well as maritime power-based border area management.

Whereas in his description, Mahfud said that the existing difference, in terms of ethnicity, religion, belief, race or group had to be made as the means to unite and to enrich the diversity rather than the means of disunity or conflict trigger. “Primordial ties must be treated equally and must be protected by the constitution,” he conveyed. The ties created, continued Mahfud, should become noble ties full of tolerance. 
However, Mahfud regretted that there were still many violations of the law, particularly in conflicts related to differences which had occurred these days. According to Mahfud, such violations or conflicts had happened not due to any mistake in the concept or regulation but rather, the application which had not been optimum. “From the aspect of concept, it has been completed. The problem lies in the implementation,” he reminded.

In relation to the aspiration of the participants that The Court shall be active in conducting judicial reviews of problematic Laws, Mahfud stated that The Court had better remain passive. According to Mahfud, The Court had been designed to be passive. There had to be a petition first for constitutionality review to be conducted by the Constitutional Court on a Law. “So that there will be a good mutual control,” he said. “Well, if those having positions in The Court are all good people, how is it if they are bandits?” Said Mahfud, when explaining the dangers if The Court has too much power, including being active in reviewing laws without any petition.

In the meeting, the ‘Jakarta Resolution’ was read aloud. “Eliminate all forms of discrimination based belief and religion. Stop all forms of privatization and Nationalize state assets under the supervision of the people,” said Alwi, when reading one of the points in the aforementioned resolution. (Dodi/mh).

Friday, October 29, 2010 | 17:05 WIB 260