Secretary-General M. Guntur Hamzah speaking at a national webinar by the Doctoral Program of Warmadewa University, Wednesday (9/29/2021). Photo by Humas MK/Hamdi.

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Wednesday, September 29, 2021 | 20:33 WIB

JAKARTA, Public Relations—The Secretary-General of the Constitutional Court (MK) M. Guntur Hamzah gave a keynote speech on “Covid-19 Emergency for the Guarantee of the Protection of Citizens’ Constitutional Rights in a Transition Period” at a national webinar by the Doctoral Program of Warmadewa University on “Health Quarantine Emergency Law: The Enactment of COVID-19 Emergency Public Activity Restriction from Political, Economic, Sociocultural, Security, and Human Rights Perspectives” virtually on Wednesday, September 29, 2021.

He said that the state’s goal is not only to reach independence and fill it with democracy and law, but also to follow religious teachings despite Indonesia being neither a religion-based state nor a secular one. Many experts, he said, see Indonesia as not only a democracy, but also a nomocracy (a law-based state) that has religious aspects. As such, Indonesia also adopts theocracy.

This fact is evident in Pancasila, whose five precepts start with “The Belief in One Supreme God,” which inspires the other precepts as well as all aspects of life. “The principle of democracy is laid out in the fourth precept. Nomocracy in the fifth. Theocracy, democracy, and nomocracy are an inseparable unity,” he said.

He further explained that this was what set the Republic of Indonesia apart from other democracies and nomocracies. Indonesia is guided by Pancasila, especially its first precept, which inspires the other four precepts. 

Right to Livee and Sustaining Life

Guntur said the constitutional basis for a compelling crisis situation is Article 22 paragraph (1) of the 1945 Constitution, which reads, “In urgency, the President shall be entitled to stipulate a government regulation in lieu of law.” This regulates the issuance of a government regulation in lieu of law (perppu). Its content, meanwhile, is regulated by Article 28A of the 1945 Constitution, which reads, “Everyone shall be entitled to live and maintain their life.”

This shows that the state guarantees all citizens’ right to live and sustain their lives including amid the COVID-19 pandemic, Guntur said. The state is also responsible for providing sufficient healthcare and general service facilities.

Amid the pandemic, he revealed, the Court has handled seven cases on the Perppu No. 1 of 2020 on the State’s Financial Policy and Fiscal Stability for the Mitigation of the Coronavirus Disease 2019 (COVID-19) Pandemic and/or in Order to Face Threats That Endanger the National Economy and/or the Stability of the Financial System.

“At least seven petitions have been lodged to the Court to challenge the constitutionality of the Perppu on COVID-19 Mitigation,” he said.

He revealed that in Decisions No. 23/PUU-XVIII/2020 and No. 24/PUU-XVIII/2020 on the Perppu on COVID-19 Mitigation, the Court ruled the petitions inadmissible. As the perppu has been passed into law, the object for the cases no longer exists.

Writer        : Utami Argawati
Editor        : Nur R.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 10/4/2021 03:30 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.

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