Chief Justice: Religion and Pancasila Not Contradictory
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Chief Justice of the Constitutional Court as a keynote speaker at a dialog by the Teacher Training College (STKIP) Bima, Saturday (12/1). Photo by Humas MK/Hamdi.

Chief Justice of the Constitutional Court (MK) Anwar Usman stressed that religion and Pancasila are not contradictory and both are equally important for Indonesia as a nation. This was conveyed at the new-year dialog held by the Teacher Training College (STKIP) Bima with the theme “Building the Future of Pancasila,” Saturday (12/1).

"The importance of Pancasila for the nation, religion and Pancasila are not contradictory. Religion and Pancasila are not contradictory; in fact they complement each other. [All is there] in Islamic teachings. Humanity, unity, social justice, popularism, deliberation, and divinity at number one. The Almighty God is attributed to the mercy of Allah SWT," he said.

On the occasion, Justice Anwar explained that the Constitutional Court was named Protector or Guardian of the Constitution. In addition, the Constitutional Court also acts as the sole and highest interpreter of the Constitution, which is reflected through decisions in accordance with its authority. "The Constitutional Court functions as a protector and guardian so that the Constitution is adhered to and implemented consistently, and it encourages and directs the process of democratization based on the Constitution. The Constitutional Court in Indonesia is guardian of the Constitution, so the Constitution is always used as a basis consistently by every component of the state and society," he said.

Furthermore, based on the provisions of Article 24C of the 1945 Constitution and Law No. 24 of 2003 on the Constitutional Court, the Constitutional Court has five authorities. The authorities are reviewing laws against the 1945 Constitution, deciding on the authority dispute of state institutions whose authority is granted by the Constitution, deciding on the dissolution of political parties, deciding on election results disputes (both at the national and regional levels), and deciding on the opinion of the House of Representatives regarding alleged violations by the President and/or Vice President (impeachment). "Of the five Constitutional Court authorities, almost all of them have the potential to encounter the President," he said.

Justice Anwar explained, first, reviewing laws against the Constitution. State institutions that have the authority to make laws are the President and the House of Representatives. Second, in terms of authority disputes between state institutions, as a state institution whose authority is granted by the Constitution, the President may become a subject of a case at the Constitutional Court.

Third, in deciding the dissolution of political parties. Article 68 of Law No.23/2004 on the Constitutional Court stated that the petitioner for the dissolution of political parties shall be the Government. So, only the Government or the President has the right to request that the Court dissolve a political party that is considered dangerous and detrimental to the nation. Meanwhile, the authority in deciding disputes over general or local election results is held by independent institutions, namely the General Election Commission (KPU), Provincial KPU, District/Municipal KPU.

Finally, the authority to decide the case of impeachment of the president and/or vice president is a special authority granted by the Constitution. If the House finds legal violations committed by the president and/or vice president be it treason, corruption, bribery, other serious crimes or disgraceful acts, or if it is proven that they can no longer fulfill their duties as president and/or vice president, the case will be brought to the Constitutional Court. "After the Court decides, it will be handed over to the People\'s Consultative Assembly (MPR), who executes it. It is possible that MPR execute a measure that is different from the Court\'s decision," he stressed.

At the end of his speech, Justice Anwar also expressed his appreciation to all the management of BEM STKIP Bima who had the initiative to hold activities that would have an important role in regional development. "I am proud of the young people at BEM STKIP Bima," he concluded. (Bayu/Hamdi/LA/Yuniar Widiastuti)


Monday, January 14, 2019 | 11:25 WIB 176