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Chief Constitutional Justice Anwar Usman as keynote speaker in the National Seminar and Call for Papers of Law Postgraduate Degree of Sebelas Maret University (UNS), Saturday (31/8) in Solo, Central Java. Photo by Humas MK/Bayu.

SOLO, Public Relations of the Constitutional Court—Chief Justice of the Constitutional Court (MK) Anwar Usman delivered a keynote speech in the National Seminar and Call for Papers of Law Postgraduate Degree of Sebelas Maret University (UNS) entitled "Development of Law Characterized by Pancasila in the Framework of Economic Globalization in the Industrial Era 4.0," Saturday (31/8/3019) in Solo, Central Java.

In his speech, Justice Anwar revealed that the development of law with the character of Pancasila was an inevitable necessity for anyone. This applies to legislators, law enforcement officials, and the whole community, in order to build a legal culture. "Why is legal development characterized by Pancasila a necessity? Because this is a constitutional mandate that is non-negotiable," he said. 

Indonesia, Justice Anwar added, has a unique legal system imbued by state ideology known as Pancasila. The Pancasila ideology is the crystallization between rechtsstaat and the rule of law. "The Pancasila legal system has its own uniqueness as it takes from both the rechtsstaat concept and the rule of law, as well as other existing legal systems, such as in customary law and religious law," he said. 

In this Pancasila legal system, he said, the law must always be oriented towards justice. The law must not be understood as absolute, but must have morals and conscience, which then becomes the essence of law enforcement in the Pancasila Legal State. 

Economic Globalization in the Industrial Era 4.0 

Justice Anwar explained that globalization in the industrial era 4.0 today is the same as developments in the previous industrialization eras. In the 17th century, technological inventions played a major role in the industrialization process, which accelerated industrial work, doubled output, and saved production costs. 

"In essence, the industrialization era is only a means to create prosperity for the people. The welfare state in our Constitution has been the ideal of struggle since Indonesia\'s independence. The ideals of the struggle were formulated in the Preamble to the 1945 Constitution," he stressed. 

The Constitutional Court also works toward realizing the people’s welfare as a constitutional mandate. In the Court\'s decision in Case No. 007/PUU-III/2005 concerning the judicial review of Law Number 40 of 2004 concerning the National Social Security System (SJSN Law). The Court ruled that the 1945 Constitution had explicitly obliged the state to develop a social security system on the one hand. On the other hand, it did not require the state to adopt or choose a particular system in the development of the intended social security system. 

This means, he added, that any system chosen in the development of social security must be considered constitutional as long as it provides social security for all people with a view to increasing the empowerment of weak and incapable people in accordance with the dignity of humanity, which has become a universal standard. 

At the end of his speech, Justice Anwar said that the Constitutional Court as the guardian of the basic norms of the state had a role to keep the whole process of state in line with the Constitution, including creating a prosperous state. Development by a state, of course, must be based on legal provisions governing it. "In that context, the role of the Constitutional Court is to oversee the development process to fulfill and create a prosperous state in line with the constitutional norms that become the basic principle of statehood," he concluded. (Bayu/LA)

Translated by: Yuniar Widiastuti

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