Chief Justice Anwar Usman speaking at a national seminar commemorating Pancasila on Friday (8/6) at the Auditorium of Mercu Buana University, Jakarta. Photo by Humas MK/Ifa.

The Pancasila legal system is distinct and takes lessons from both the concept of rechtsstaat and the rule of law as well as other existing legal systems, such as customary laws and religious laws. This was conveyed by the Chief Justice of the Constitutional Court (MK) Anwar Usman at a national seminar on the Anniversary of Pancasila, Friday (8/6/2018), at the Auditorium of Mercu Buana University, Jakarta.

In his paper "National Resilience in the Law in the Face of Radicalism Threats in Indonesia," Justice Anwar emphasized the enforcement of the Pancasila legal system, which always prioritizes justice compared to strict implementation of the law. "It is in the Pancasila legal system that the law must always be dimensionless and oriented towards justice. The law must not be understood to be absolute and rigid, but must be filled with a touch of morality and conscience," he said.

Justice Anwar said that Pancasila had proven to be able to face radicalism, as it was not Indonesia’s first brush with radicalism. The Darul Islam/Islamic Armed Forces of Indonesia (DI/TII), the Free Aceh Movement (GAM), the Republic of South Maluku (RMS), and the Free Papua Movement exemplified this.

It also occurs in other countries, such as the bombing of the Al Haram Mosque in 2017, which claimed casualties, as well as the attempt to destroy the Nabawi Mosque in 2016, which took the lives of four local police officers. Those incidents refute the assumption that radical movements are led by Muslims.

“How can a devout Muslim destroy their places of worship, in the holy month of Ramadan, no less? History also recorded radicalism and religious wars in Europe in the end of the 15^th century towards the 17^th century,” Justice Anwar explained to 551 participants.

Justice Anwar said that the conflict that lasted for more than 120 years occurred between three groups of the Roman Empire—the Catholics, the Lutherans, and the Calvinists. The conflict was ended by the Peace of Westphalia. He reminded that the community not ignore conflicts due to radicalism, because it would impact future generations. However, he also requested that the community not handle radicalism with exaggerated response. He encouraged participants to overcome radicalism by understanding the nation’s history, committing to the state’s ideology, and complying with the law. (Ilham/LA/Yuniar Widiastuti)