Chief Justice Anwar Usman opening the constitution awareness program for Pancasila and Civic Education teachers of elementary schools in Bogor, Tuesday (8/31/2021) from the Constitutional Court. Photo by Humas MK/Panji.

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Tuesday, August 31, 2021 | 20:54 WIB

JAKARTA, Public Relations—Chief Constitutional Justice (MK) Anwar Usman officially opened the constitution awareness program for Pancasila and Civic Education (PPKn) teachers of elementary schools (SD) in Bogor that the Court organized on Tuesday evening, August 31, 2021 virtually.

Justice Anwar said that the challenges for teachers to instill Pancasila and civic education among elementary students were not easy. However, it must be done early as it is part of the development of national characters and culture.

“We should be thankful that instilling national values, especially Pancasila and civic education, has been a strong identity [for Indonesia] that other nations and states all around the world recognize. However, at the same time, we must remain vigilant, because in the current condition of rapidly developing information and technology, the nation’s cultural identity can be eroded by the times,” he reminded the participants.

Sacred Thing

Justice Anwar added that instilling Pancasila and civic values cannot be separated from the birth of the 1945 Constitution and its amendment.

Since being drafted by the BPUPKI (Investigating Committee for Preparatory Works for Independence) and PPKI (Preparatory Committee for Indonesian Independence), after the Independence, the 1945 Constitution was amended into the Constitution of the Republic of the United States of Indonesia (RIS), the Provisional Constitution (UUDS) of 1950, and the original 1945 Constitution by the Presidential Decree of July 5, 1959. The amendment ended with the post-Reform amendment of 1999-2002.

“After the Presidential Decree of July 5, 1959, the 1945 Constitution became a sacred thing on which discussion or debate is off the table, let alone amendment. After the Reform on May 21, 1998, this veneration of the 1945 Constitution ended. Demands of democracy emerged everywhere along with the strong Reform spirit that desired constitutional amendment,” Justice Anwar said.

Therefore, he added, “After the power was transferred from the New Order to the Reform era post-1999 Election, constitutional amendment began. The amendment, which was deemed a necessity, was carried out in four stages from 1999 to 2002.

“[That is] because the old 1945 Constitution was deemed insufficient to regulated and provide a foundation for the state on the basis of good governance and for the enforcement of democracy and human rights,” he said.

There are several key reasons to this assumption: the lack of definite limitation of the president’s power, the possibility of the president being reelected indefinitely, and the MPR (People’s Consultative Assembly’s) supremacy that was easily dominated by the political party that win the election, or the party in power, which led to the lack of checks and balances between the branches of the state power.

Justice Anwar said the idea of the Constitutional Court emerged during the early discussions of the 1945 Constitution. When the draft of the constitution was discussed by BPUPKI, Prof. Muhammad Yamin talked about the need for a judicial body to review laws. However, the idea was rejected because Indonesia had just become independent and did not have many law graduates. The judges at the time had the duty to implement the laws, not review them. At the time, Indonesia did not recognize trias politica but distribution of power.

When the constitutional amendment was discussed, Justice Anwar revealed, the idea of a judicial review body reemerged and received a positive response. It became one of the materials in the amendment to the Constitution, which the MPR decided. After in-depth, thorough, and democratic discussions, the idea came true by the promulgation of Article 24 paragraph (2) and Article 24C of the 1945 Constitution, part of the third amendment during the MPR’s annual session on November 9, 2001.

Improving Public Awareness

Meanwhile, Acting Head of the Pancasila and Constitution Education Center Imam Margono thanked the participants, “Due to the pandemic, the participants join the event virtually. [I] would like to thank you for your participation. [I’d] also like to express my appreciation for His Excellency Chief Justice of the Constitutional Court, who attended the opening of this event despite his busy schedule.”

He explained that the Constitutional Court had its 18th anniversary on August 13. Facing the challenges in its way, the Court keeps holding constitution awareness programs for all elements of society. It has overcome many issues, which provided inputs and help it grow as an institution.

To improve the public’s access to justice and the judiciary, Imam added, the Court through the Pancasila and Constitution Education Center organized a variety of events involving elements of society such as advocates, political parties, CSOs, customary law communities, teachers, lecturers, and university students.

“Pancasila and civic education teachers have a strategic role for the nation, by developing the characteristics of the young generation early,” he stressed.

The event will be taking place on Tuesday-Friday, August 31 to September 3, 2021. Constitutional justices, academics, deputy registrars, and others spoke before 200 participants on law, the Constitution, and the Constitutional Court.

Writer        : Nano Tresna Arfana
Editor        : Lulu Anjarsari P.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 9/7/2021 12:23 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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