Pancasila and Civic Education (PPKn) teachers of the West Java Province Senior High School Teachers Association (MGMP) Communication Forum participating in a constitution education program, Friday (28/2) at the Constitutional Court’s Pancasila and Constitution Education Center, Cisarua, Bogor. Photo by Humas MK/Agung.
BOGOR, Public Relations of the Constitutional Court—A constitution education program for the Teachers Association (MGMP) Communication Forum of Pancasila and Civic Education (PPKn) teachers of West Java Province Senior High Schools at the Constitutional Court’s Pancasila and Constitution Education Center, Cisarua, Bogor was officially closed by Head of the Program and Implementation of the Pancasila and Constitution Education Center Nanang Subekti representing the acting Head of the Pancasila and Constitution Education Center on Friday evening (28/2/2020).
"This program is a concrete manifestation of the Constitutional Court’s efforts to uphold Pancasila values and the Constitution as well as to realize the Constitutional Court’s vision, the establishment of the Constitution in Indonesia," Nanang said.
Nanang said the program was the Constitutional Court’s strategy to improve public understanding of Pancasila values and the Constitution. "Previously, Pancasila was taught doctrinally, now it tends to be through discussion. When there is enough time, we [meet with] the community with games and familiarity approach," Nanang said.
Pancasila and constitution education today, Nanang said, should have a place in people’s hearts, especially the young generation that will determine the nation’s future. Sociologist Imam Prasodjo said Pancasila education now requires compatibility between the instructors and the recipients of the lesson. This conformity is only achieved when all elements of the nation move.
"The more senior generation is able to set an example. On the other hand, the younger generation fires optimism in this republic," Nanang said after stressing that teachers as agents of change disseminate the values of Pancasila and the Constitution.
History of Judicial Review
At the program, the Constitutional Court had previously presented other speakers. Secretary General M. Guntur Hamzah spoke on “The Constitutional Court and Judicial Review of Laws.” He talked about past Britain with powerful kings, who made and exercised the law as well as executed those violating it. In the 1700s, criticism against parliament or laws started. However, there was no judicial review at that time, as the king still wielded a great power.
The judicial review actually started in the United States from Marbury v. Madison in 1803, related to the power struggle between John Adams and Thomas Jefferson. Chief Supreme Court Justice John Marshall played an important role in the settlement of the case by introducing the judicial review mechanism for the first time in the American judiciary.
Guntur also explained that currently high state institutions in Indonesia are equal after an amendment to the 1945 Constitution. He also explained that state power in Indonesia is divided between the executive, legislative, and judiciary. The Constitutional Court, he said, serves as the guardian of democracy, the guardian of the Constitution, the protector of human rights, and the final interpreter of the Constitution.
Guntur also said that the Constitutional Court’s decisions accommodate Pancasila tenets to be touchstones for the cases. “Not to review Pancasila but to make [it] a touchstone,” said Guntur. He also explained that the Pancasila and Constitution Education Center shows the Constitutional Court’s concern in guarding Pancasila.
Constitution, Collective Agreement
First former chief constitutional justice Jimly Asshiddiqie talked about "Constitution and Constitutionalism." He said that having a constitution means making a collective agreement as a reference for holding joint activities within the Unitary State of the Republic of Indonesia (NKRI). Even today there are those who interpret the Constitution as an agreement state. J. J. Rousseau used the term "social contract," which means the state of mutual agreement. "Being in a state is an agreement to build a joint organization. Apart from differences in religion, ethnicity, race, once we speak as a nation, it is having a constitution," Jimly said.
Jimly also commented on ethics, law, and religion in society. "Which one is higher, ethics, law, or religion? Some say, the highest is religion. Ethics must not conflict with religion. The law must not conflict with ethics. But if asked to a Kelsenian law expert, law is higher than ethics and ethics is higher than religion. This is the rule of law. From a scientific point of view, that may be true. But for public policy, wait a minute," Jimly said.
However, according to Jimly, ethics, law, and religion should not only be seen from the "top down" perspective or position. They can also be seen from an "outside-in" perspective. Jimly said law is outside while the essence is moral or ethical justice.
"The correct law is virtuous, noble. There is an ethics of justice that is essentially a religious order. Law ships cannot sail to reach the island of justice, if the oceanic waters are ethically dry. It means, if morals do not function in a country, then it is very likely that the ethics of the people are not functioning properly," said Jimly, who also stressed that teachers are the leading actors and agents of change to participate in socializing Pancasila and the Constitution.
Hasanuddin University law professor Judhariksawan spoke about "Guarantees of Constitutional Rights of Citizens in the 1945 Constitution of the Republic of Indonesia." He explained J. J. Rousseau\'s theory that sovereignty belonged to humans who then gather according to shared desires, form groups, and make an agreement to form a state. "We together form the country. If the obligation is only imposed on the government, citizens can be anarchist. There must be a balance. That is why citizens are given obligations in addition to their rights," he said.
Judhariksawan explained the citizens’ constitutional rights in the 1945 Constitution. "There is no standard definition related to what constitutional rights mean. Therefore, in various presentations, I refer to constitutional rights as a set of rights that are agreed upon, regulated, and guaranteed to be fulfilled in the Constitution," he said.
Scholar Yudi Latief presented the material "Re-actualization of Pancasila Values." He first quoted Bung Hatta, "When the name Indonesia is mentioned, remember that Indonesia has a large area and a pluralistic population." Therefore, Yudi said anyone who wants to take care of, lead, and teach in Indonesia must have a mental breadth as broad as Indonesia, have a spiritual breadth as diverse as the Indonesian nation.
Yudi also explained the meaning of Pancasila precept. "The five precepts illustrate the diversity of Indonesia from various sides. The third precept illustrates the multiple ethnicities of the Indonesian people. We are even called the largest multi-ethnic country in the world. There are more than 700 ethnic groups in the archipelago. While the fourth precept illustrates the dynamics of politics that are developing rapidly in Indonesia, the large number of political parties. The fifth precept describes the social layer, which is so complex. There is a colonial hierarchy, foreign east, native, and so on," Yudi said.
Constitutional law expert Ni\'matul Huda talked about "State Administration System According to the 1945 Constitution of the Republic of Indonesia." Ni\'matul began by explaining about the legal ideals of Indonesia. According to him, the legal ideals of Indonesia are rooted in Pancasila, which was established by the founding founders as a philosophical foundation in managing the framework and basic structure of state organizations as formulated in the 1945 Constitution.
"Pancasila is the view of life of the Indonesian nation which expresses the view of the Indonesian people about the relationship between humans and God, humans and fellow human beings, as well as humans and the universe, with the core of beliefs about the place of individual humans in society and the universe. The ideals of the Pancasila law must reflect the goals of establishing and the basic set of values listed both in the preamble and the body of the 1945 Constitution," Ni\'matul explained.
Ni\'matul talked about the implementation of the Constitutional Court\'s decisions. "Actually, the Constitutional Court\'s decisions are implemented or not? The results of a research at the Indonesian Islamic University showed that the implementation of the Constitutional Court\'s decisions was very diverse. As we understand it, norms are reviewed, then laws are revised or replaced with new ones. But implementation in the field is regulated by Presidential Regulations, some are by Ministerial Regulations, KPU Regulations and others," he explained.
So, how much of the Constitutional Court\'s decisions is obeyed? "It turns out that only 49 percent. 51 percent did not comply with the Constitutional Court\'s decisions even though what was reviewed was the norm of the law. Then, are we a country of law or not? Can our Constitution be [implemented] or not?" Ni\'matul questioned.
The Constitutional Court team had a session on the techniques of drafting a judicial review petition, a session on practice drafting a judicial review petition, as well as one session on ICT-based judicial review case settlement by the Information Center team of the ICT of the Constitutional Court. (Nano Tresna Arfana/LA)
Translated by: Yuniar Widiastuti
Translation uploaded on 3/9/2020
Tuesday, March 03, 2020 | 08:34 WIB 271