Chief Justice: Pancasila is not rigid against Interpretation
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Does the existence of decision-making through a voting mechanism can be concluded that we no longer practice the Pancasila, particularly the fourth precept, which says consensus agreement? In other words, whether a decision by majority vote as stipulated in the Constitution of 1945 is contrary to Pancasila?

Whatever your opinion, Chief Justice of the Constitutional Court, Moh. Mahfud MD, disagrees with that view. He said the consensus agreement is a nation of moral encouragement. However, in practice, it is impossible we should always obey the rigid mechanisms of consensus agreement. "The provisions were not contrary to Pancasila," he said when speaking at the event Rembug Gathering and the National Workshop held at the University of Pancasila, Tuesday (29/5).

According to him, of course, in any decision-making priority to consensus agreement. However, if the unanimous consensus agreement or never obtained, the mechanism can be used most votes. "It’s realistic," he said.

It is similarly to the entire contents of the 1945 Constitution after the change. According to Mahfud, the description in the current constitution as is in accordance with Pancasila. And, if any problems arise, it is better to implementation problems.

According to him, the ideology of Pancasila is open. Thus, the door of interpretation of the precepts of Pancasila is possible. "Pancasila is not robust to the interpretation," he explained. "The idea remains. The principle remains. But the interpretation is subject to change according to the times. "

Interpretations are then poured into the constitution. "Thus, even this if you want to change the constitution does not forbid anyone," said Mahfud.

Mention of testing the law in the Court during this time, Mahfud said, only about 27% have been granted by the Court. That is, there are still laws that wrong in interpreting Pancasila and 1945 Constitution.

According to Mahfud, there are several reasons why a law wrong in interpreting Pancasila or the Constitution. Among them is because it is not made in a professional manner, recklessly, or the transaction in the process of making laws, either material (read: money) and political transactions among lawmakers. "The proof, which has a lot of legal process," he said.

In the event themed "National Leadership in the Character of Pancasila" is present as Keynote Speaker Chairman of the People’s Consultative Assembly Taufik Kiemas, while the speaker was also attended by Jusuf Kalla, Jimly Asshiddiqie, Radhar Panca Dahana, Revrisond Baswir, Hajriyanto Y. Tohari, Djoko Widodo, and J. Kristiadi. (Dodi / mh/Yazid.tr)


Tuesday, May 29, 2012 | 19:49 WIB 137