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The Constitution of Indonesia provides the basis of law and the legal system of Pancasila. Consequently, the Constitutional Court (MK) is as well as the legal guardian of Pancasila state.

"After the amendment of the constitution, in the state there are three basic principles that should be implemented. These three principles have equal status, namely the principle of democracy, theocracy, and nomocracy principles," said Arief Hidayat on "Continuing Legal Education" on Friday (3/5) at the National Law Development Board (BPHN) – Ministry of Law and Human Rights, Jakarta.

It is said by Arief, the principle of constitutional democracy, the rule of law means we are a democratic constitutional state law. In addition to the principles of democracy, the Indonesian people also have to follow the principle of nomocracy.

"However, we often forget, is it true that only democracy and nomokrasi should we run? In my opinion, no. At the time of the founding fathers formed state of Indonesia, how the relationship between state and religion be debated at length," said Arief who accompanied the Head BPHN Wicipto Setiadi.

Arief remembered when Pakistan wanted to set up, there is a debate over the basis for the country. The majority of Pakistan’s population is Muslim, and eventually became 0hubungan Pakistan chooses between state and religion is separated, so that the secular Turkish state was born.

While Indonesia, said Arief, although the majority of the population is Muslims, the founding fathers to provide a middle ground on a very paradoxical difference between secularity and religion.

"The founding fathers did not choose the state such as Pakistan or Turkey, although the same social condition that is predominantly Muslim. If Indonesia chose as Pakistan, mean we forget our brothers who are non-Muslims. Indonesia is also not secular like Turkey," Arief explained.

"So all the components, the elements of trust to God Almighty are the basis, so that the state, the principles of Godhead should be included in the social, political, religious, including the law of life," said Arief.

Finally found a formula that Indonesia is a theocratic state based on religious principles and beliefs that live in Indonesia.

"Many noble Lordship value based on beliefs and religions living in Indonesia coloring construction materials law to be a source of law in Indonesia. For example, the decision of the court in any country there is no mention by to God. In Indonesia, court decisions, including the decision of the Constitutional Court, based on God Almighty. That extraordinary Indonesia," Arief said to attendees at the event.

However, further Arief, the reality in Indonesia is still there are those who try to secularize the country, and there are also those who try to make the dominance of a particular belief.

"That’s three key principles state that has not lowered down, not relegated to the political, economic, cultural, social, including the law of life," said Arief. (Nano Tresna Arfana / mh)

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