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A visit by students of the State-Teaching Education Faculty (FKIP) of Sultan Ageng Tirtayasa University (Untirta) of Serang, Banten, Thursday (12/3) at the Constitutional Court. Photo by Humas MK/Gani.

JAKARTA, Public Relations of the Constitutional Court—Thirty-three students of the State-Teaching Education Faculty (FKIP) of Sultan Ageng Tirtayasa University (Untirta) of Serang, Banten, Thursday and 10 lecturers visited the Constitutional Court (MK) on Thursday morning (12/3/2020). The students were informed about the Constitution and the Constitutional Court by Gregorius Seto Hariyanto of the Constitution Forum.

"When the Indonesian people were to be liberated by the founders of the republic, the Investigating Committee for Preparatory Works for Independence (BPUPK) held a big meeting. In discussing the Constitution, one thing was highlighted: the last and highest [authority] is the people’s voice. So we wanted to build a democratic country," Seto said.

On July 11, 1945 BPUPK formed three committees including a constitution drafting committee led by Sukarno and a small committee was led by Soepomo. When reporting the results, Soepomo as a customary law expert said that the Indonesian people were not ready for democracy. Therefore, for the time being democracy was left to the state in the form of a people\'s consultative body.

"Then a discussion took place. Some suggested using the name majelis permusyawaratan rakyat. So the people\'s sovereignty was delegated to the assembly as the holder of state sovereignty known as the People\'s Consultative Assembly or MPR," Seto explained.

Seto then said that Sukarno asked who would exercise state sovereignty on a daily basis, while the MPR convened at least once in five years. Soepomo answered it would be the president. So Soepomo included it in the Elucidation to the 1945 Constitution, that the president received a mandate from the MPR. After the amendment to the 1945 Constitution, state institutions in Indonesia are equal. The MPR is no longer the highest state institution. In accordance with Article 1 paragraph (2) of the 1945 Constitution, sovereignty is in the hands of the people and implemented according to the Constitution.

Seto revealed that the establishment of the Constitutional Court of the Republic of Indonesia (MKRI) on August 13, 2003 was aimed at maintaining the constitutionality of the administration. "The main task of the Constitutional Court is maintaining the Constitution so that it is carried out properly," Seto said.

Before the Indonesian Constitutional Court was formed, some legal experts had suggested that the Court be part of the Supreme Court (MA).

"However, after going through a debate, many suggested that a constitutional court should be formed independently and separately from the Supreme Court because the Constitutional Court has a special task. The Supreme Court examines statutory provisions under the law, so there must be an institution that examines laws against the Constitution. That is why we agreed to form a constitutional court that can maintain the constitutional rights of citizens when there are laws that violate articles of the Constitution," Seto explained.

Seto also explained the function of Pancasila as a way of life that guides the behavior of individuals. Pancasila also functions as the basis of the state, which is actualized through articles and paragraphs of the 1945 Constitution. In addition, Pancasila functions as a national ideology, which is the basis of national development. (Nano Tresna Arfana/NRA)

Translated by: Yuniar Widiastuti

Translation uploaded on 3/13/2020

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