Former Chief Justice of the Constitutional Court Jimly Assiddiqie after delivering material to participants of the short course for delegates of foreign constitutional courts, Tuesday (14/11) at Ayana Mid Plaza Hotel Jakarta. Photo Humas MK/Ganie.

In the series of short course for delegates of foreign constitutional courts at Ayana Midplaza Hotel on the second day, Former Chief Justice of the Constitutional Court period 2003–2008 Jimly Asshiddiqie delivered material entitled "Constitutionalism and the Court." Through his paper, Jimly invited participants to understand that the Constitutional Courts in various countries in the world and the doctrine of constitutionalism will be faced with various challenges. To that end, every state and constitutional system of a country must have its own identity. Nevertheless, the system must remain alive in an inclusive way and close to the fundamental universal values ​​and unite humanity. Historically, constitution is also called the supreme law of the land. In old English, at that time people thought to live only on earth/land and not on water. "But in the worldview of Indonesia, we call it  tanah air [the motherland] or ‘land and water’" for the world state. However, the meaning of the worldview is limited to land and water, without mentioning the importance of air and even space. So today we must understand that the constitution as the ultimate social contract of law, not only on land but also in water and air, becomes a social consensus of all people of red-and-white (the Indonesian national flag) also as a green and blue constitution," explained Jimly who was accompanied by MK Researcher Pan Mohamad Faiz as moderator.

Jimly said the constitution is generally understood as a social contract that is created as a basic principle that has been established by the state or organization recognized by the government. Constitutionalism, which is often equated with the concept of rules or rules of law, is complex idea, attitude, and behavior pattern that elaborate principles so that it becomes the authority of the government limited by a legal entity. In the concept of constitutionalism, the government can and should be legally restricted in its power and its authority depends on the enforcement of limitations. Jimly sees today the principles of government and constitutional democracy are regarded as the most ideal in state theory and practice. Therefore, the best government today is that which carries out constitutional democracy and democratic rule of law.

Speaking of the constitution, it is not only related to the legal texts, but also to constitutional ethics (moral constitution). Jimly outlined the ethical (legal) role that has been applied around the world and is growing very quickly. Jimly exemplified that, in the United States and other European countries, since the last decade of the 20^th century this has been known. According to Jimly, to ensure the importance of the ethical system, consideration should be given to the idea of ​​clarifying ethical policy through constitutional interpretation.

"Therefore, I myself advocate a new notion that the constitutional social contract contains not only legal values ​​and norms but also ethical norms. Thus, the constitution is not only considered a legal document, but also an ethical one, where the ethical system is as important as the legal system for public life and we need a system of ethical rules and also the rule of law system," explained Jimly in front of the participants of the short course held in the Jasmine Room in the Ayana Midplaza Hotel, Jakarta. (Sri Pujianti/LA/Yuniar Widiastuti)