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Speakers in the collaborative focus group discussion between the Constitutional Court and the Constitutional Law and State Administrative Law Lecturers Association (APHTN-HAN) at Gadjah Mada University, Yogyakarta on Tuesday (10/9). Photo by Humas MK/Ganie.

YOGYAKARTA, Public Relations of the Constitutional Court—To uphold the Constitution and participate in fighting corruption, the Constitutional Court (MK) collaborated with the People’s Consultative Assembly (MPR), the Corruption Eradication Commission (KPK), and Gadjah Mada University to organize the 2019 Constitution and Anti-Corruption Festival. The event, under the theme "Make Your Mark of Integrity! Create Awareness of the Constitution and Anti-Corruption Culture,” took place Tuesday–Wednesday (10-11/9/2019) at Gadjah Mada University, Yogyakarta.

The annual event aimed to ensure that the young generation is ready to be entrusted with the nation’s future, especially to uphold the Constitution as one of the obligations of citizens and to contribute to fighting corruption, as a moral and caring citizen. The Constitutional Court, MPR, KPK, and UGM, as elements of the nation directly related to the efforts to uphold the Constitution and eradicate corruption, feel the need to share views and thoughts. These institutions are very interested in providing exemplary models and invite all citizens, especially the younger generation, to make a mark of integrity in their respective roles and positions, as evidence of their contribution to the enforcement of the Constitution and corruption eradication.

On the first day, a forum group discussion and panel discussion on “The Responsiveness of Constitutional Law and State Administrative Law in National Development Acceleration” was held in collaboration between the Constitutional Court and the Constitutional Law and State Administrative Law Lecturers Association (APHTN-HAN). Central APHTN-HAN Chairman Moh. Mahfud MD, Constitutional Justice Enny Nurbaningsih, Constitutional Court Secretary General M. Guntur Hamzah, UGM constitutional law lecturer Andi Omara were speakers at the event.

Restrictive Regulations

Mahfud opened the discussion by talking about President Joko Widodo\\'s complaint that existing regulations in Indonesia impedes Government’s performance in developing the country, which was expressed during opening the 6th Constitutional Law Conference on Monday, September 2, 2019.

"The president complained that the law was restrictive. [Doing this or that could be legally wrong or not allowed by regulation]. Then, [when] the central government [approves], the local government [does not]. So, how does constitutional law and state administration law respond to this; how does the Government work fast without being shackled by the rule of law?" he asked.

Mahfud said these legal challenges had occurred since the era of President Susilo Bambang Yudhoyono. He said, when special envoy to the Middle East Alwi Shihab met with OIC and received hundreds of millions of dollars of investment, both President SBY and Vice President Jusuf agreed to the investment. "However, once the investment was realized in a project, [it] was restricted by regulations. [It was] problematic because it collided with regulations, such as presidential decree. So, the president\\'s complaint is warranted," he said.

Mahfud also discussed the demand of amendment to the 1945 Constitution and the return to GBHN (State Policy Guidelines). He implied his refused of the proposal. According to him, Indonesia has Law Number 25 of 2004 concerning National Development Planning as the direction of the state. "This law is the first and second books of the previous GBHN. Meanwhile, Law Number 17 of 2007 concerning the RPJM [National Medium Term Development Plan] is books 3, 4, and 5 of GBHN. So, in substance, we have the law, which like GBHN in the past put together," he explained.

The 2008–2013 Chief Justice of the Constitutional Court also emphasizes that law, justice, and expediency are not mutually exclusive. He said there are fair laws that are not useful, so when one judges with a clear heart, then everything will be fine. "Because I wanted to deliver justice, then I annulled laws," he said of his experience as constitutional justice.

Lagging Regulations

Constitutional Justice Enny Nurbaningsih that constitutional laws and state administration laws are basic laws that must be firmly established. Any weakness in those laws would affect the economy. She talked about investment reports that Indonesia has a regulation issue that deter investors from investing in the country, which may lead to economic stagnation.

Justice Enny explained that in terms of regulations, Indonesia is lagging behind Malaysia. Malaysia has adopted the British Regulation Delivery Office. "So, it replicates [the office] so that there is no confusion in the part of the president in boosting the economy without fear of legal restrictions," she said.

She said that the UK does not issue regulations easily. Any regulation must pass the cost and benefit test. Meanwhile, this does not apply in Indonesia. "Who would benefit, what the losses are, etc. must be observed when issuing a regulation," she said.

Law and Technology

Secretary General of the Constitutional Court M. Guntur Hamzah talked about "Legal Development in the Industrial Revolution Era 4.0." L.A. Gelhoed theorized about empowering states, that is, efforts to improve and empower the community by good governance. "The state has the obligation to improve the welfare of its people, but the people also achieve welfare for themselves," he said. The industrial revolution 4.0, according to Guntur, requires the law to prepare mechanisms for the people in carrying out their activities.

During the FGD, Justice Enny Nurbaningsih handed over the position as Chairperson of APHTN-HAN of D. I. Yogyakarta Province to UGM Law Faculty Dean Andi Omara.

Speakers in the panel discussion were the Constitutional Court’s ethics council member Ahmad Syafi\\'i Ma\\'arif, the Agency for Pancasila Ideology Education (BPIP) Special Staff and Catholic priest Benny Susetyo, Professor of Law Faculty of the Islamic University of Indonesia (UII) Ni\\'matul Huda, and Gadjah Mada University (UGM) Law Faculty Professor Sigit Riyanto. Aside from panel discussion and FGD, the 2019 Constitution and Anti-Corruption Festival also featured an exhibition and a talk show. The talk show "Make Your Mark of Integrity! Create Awareness of the Constitution and Anti-Corruption Culture” will feature Chief Constitutional Justice Anwar Usman, MPR Chairman Zulkifli Hasan, KPK Chairman Agus Rahardjo, and UGM Rector Panut Mulyono. It will take place at Grha Sabha Pramana UGM on Wednesday, September 11, 2019 at 8:30–12:00 WIB. (Lulu Anjarsari)

Translated by: Yuniar Widiastuti

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