Chief Justice Anwar Usman giving a lecture on constitutional law for the Sharia Faculty of IAIN Kediri, Friday (9/24/2021). Photo by Humas MK/Ilham W.M.
Friday, September 24, 2021 | 17:58 WIB
JAKARTA, Public Relations—Chief Justice Anwar Usman spoke at the public lecture on “Strengthening the Scientific Values of Constitutional Law in Building an Inclusive Academic Culture” for the State Islamic University (IAIN) of Kediri on Friday, September 24, 2021 virtually.
Justice Anwar said that since the Constitutional Court’s establishment in 2003, it has been committed to introduce the Constitution and improve the citizens’ awareness of the Constitution. Since the constitutional amendment in 1999, he said, Indonesia’s administrative structure has undergone significant changes.
“They not only concern new state institutions or the abolition of old ones as well as the change of the functions of state institutions, but also other important things that every citizen must be aware of. Back then, studying the Constitution as a constitutional law object was not popular, but it is the opposite today,” he said.
Inclusive
The chief justice explained that interest in constitutional law studies has increased rapidly because of its inclusive values. This has direct or indirect impacts on the academic culture in higher education specifically and on the social culture in general. This change was reasonable because in the past, the Constitution and its amendment were considered taboo. Discussing them openly would have resulted in repression.
“In contrast, today citizens have the legal standing to review the interpretation of the Constitution if they feel that their constitutional rights are violated. Therefore, constitutional literacy, which is the object of constitutional law studies, are crucial for citizens in their daily life. Without understanding the Constitution, it is impossible that the state administration will run well because the rule of the game in the state and nation’s life is the 1945 Constitution,” he said after congratulating IAIN Kediri, which just opened the Constitutional Law Study Program in 2021.
Justice Anwar believes that the higher education plays an important role in upholding constitutional values. An open academic culture and the higher education are breeding grounds for citizens who understand the values of the Constitution. Education, especially for constitutional law enthusiasts, is not only related to law enforcement in a practical sense, but to three main issues in the legal system: legal substance, legal structure, and legal culture. Substantive law enforcement can be realized if the three main elements are fulfilled. In the context of legal substance, higher legal education can encourage academic texts that become normative guidelines for law enforcement officials in enforcing the law.
Capable Law Enforcement Officials
Legal/sharia higher education also serves as breeding grounds for capable law enforcement officials that stand in the frontline of legal enforcement in society. It also develops legal culture in that it produces law-abiding citizens. So, in truth, the true responsibility of substantive legal enforcement and the fulfillment of the elements of the legal system lie with legal/sharia higher education, especially constitutional law lecturers who educate their students so that one day they can participate in upholding law and the Constitution, Justice Anwar added.
Many people expect the burden of legal enforcement to fall on the shoulders of law enforcement officials—state officials such as the police, prosecutors, and judges. They also believe that judges bear the highest burden. However, Justice Anwar reminded everyone that law enforcement officials are products of legal higher education that have instilled in the law enforcement values.
“I believe the responsibility lies with higher education because the values instilled and taught in education are eternal while the positions of law enforcement officials are temporary. Therefore, the role of legal higher education in legal enforcement is key,” he said.
He also said that constitutional literacy, which many parties are striving toward, is oriented toward developing the life of the people. The Preamble to the 1945 Constitution states the national goals as: protecting all Indonesian people and the entire land of Indonesia, developing the welfare of the people, the life of the nation, and participating in the world orderliness based on freedom, eternal peace and social justice. They are realized through education.
Right to Education
Article 31 of the 1945 Constitution mandated that all citizens be entitled to education, are obligated to follow basic education, which the state finances. The government shall exert to hold a national educational system to improve the faith and devotions as well as noble morals in the framework of developing the national life, as stipulated by virtue of law. The state also shall give priority to educational budget of at least 20% of the national budget and of regional budget to fulfil the need for national education. The government shall improve science and technology by holding high religious norms and national unity for civilization progress and welfare of the mankind.
Justice Anwar said that the right to education must be enjoyed by all citizens and is guaranteed by the Constitution in Article 28C paragraph (1) of the 1945 Constitution, which reads, “Everyone shall be entitled to develop themselves through the fulfilment of their basic necessities, receive education and benefit the science and technology, art and culture, to improve the quality of their life and for the welfare of the mankind.” It is also mentioned in Article 28E paragraph (1): “Everyone shall be free to embrace their religions and worship according to their religions, choose education and teaching, occupation, nationality, residence in the state territory and leave the same, and return.”
The state also upholds this right for non-citizens by not using its authority to hinder anyone from receiving education in Indonesia. The state is not obligated to guarantee non-citizens’ right to education, to fulfill it, or to provide for them special education.
Meanwhile, the state’s obligation to its citizens in terms of education is fundamental because it is one of the reasons that the state was founded, as referred to in the Preamble of the Constitution.
“In other words, the state of Indonesia was founded to improve the life of the nation. The citizens’ right to education must not only be respected and protected by the state, but also be fulfilled. Because of the importance of education for the Indonesian people, it is not only determined as a citizen’s right, as even the 1945 Constitution deems it necessary to make basic education a citizen’s obligation. In order for this obligation to be fulfilled properly, Article 31 paragraph (2) of the 1945 Constitution obliges the government to finance it,” he explained.
The right to education belongs to social, economic, and cultural rights. The state’s obligation to respect and fulfill those rights is an obligation to result and not an obligation to conduct, as with civil and political rights. The state’s obligation in the sense of “obligation to result” is fulfilled if the state in good faith has utilized the maximum available resources and has carried out progressive realization.
Indonesia’s history proves that public participation in the provision of education is an important national force. Since before independence, the community has established educational institutions with various management models and learning methods according to the character of the people who founded them. This participation is either as traditional education such as in pesantren (Islamic boarding schools) or general education through the establishment of schools. Community participation can be done individually, or through certain legal entity organizations according to the conditions of their respective communities, or developed by community and religious organizations such as Taman Siswa, PGRI, Muhammadiyah, Nahdlatul Ulama, Catholic universities, and so on. It is these educational institutions that gave rise to national awareness and independence widely so that the independence movement could be carried out by all components of the nation, and not only by the national elites.
“Education organized by the community also filled the independence agenda in order to educate the nation’s life. At the beginning of independence until today, education organized by the community still exists despite experiencing various ups and downs,” Justice Anwar said.
He also said that educating the nation’s life has many aspects, in terms of ability, skill, integrity, and so on. To realize multi-aspect intelligence, different educational models and management by education providers are needed.
“I believe that IAIN as a university bridges the interests of education in the world of science, as well as education that prioritizes faith and piety, so that its alumni will become intelligent people and have faith and piety and can be role models in society. For students at the sharia faculty, especially those who are interested in constitutional law, I believe the alumni will become fighters and protectors of the citizens’ constitutional rights because the knowledge they have obtained in university must be practiced for the benefit of the wider community,” he said.
Concluding his lecture, Justice Anwar reminded the students to participate in making Indonesia a developed country and elevate its status through science and education. He quoted verse 11 of Quran Surah Al-Mujaadilah, “Allah will raise those who have believed among you and those who were given knowledge, by degrees.”
Writer : Nano Tresna Arfana
Editor : Nur R.
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 10/4/2021 12:11 WIB
Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian version, the Indonesian version will prevail.
Friday, September 24, 2021 | 17:58 WIB 217