Senior researcher Pan Mohamad Faiz speaking at the constitution awareness program for the Association of Civic Education Lecturers and the Association of Pancasila and Civic Education Lecturers, Wednesday (10/27/2021). Photo by Humas MK/Hendy.
Wednesday, October 27, 2021 | 20:32 WIB
The second day of the the constitution awareness program for the citizens (PPHKWN) for the Association of Civic Education Lecturers and the Association of Pancasila and Civic Education Lecturers took place virtually on Wednesday, October 27, 2021. The speakers provided all kinds of information on the state administration and the Constitutional Court (MK).
The Head of the Public Relations and National Affairs Department Fajar Laksono Suroso talked about ‘The State Administration System According to the 1945 Constitution and the Constitutional Court in the State Administration System.’ He explained that the direction of the state administration is stated in the Preamble to the 1945 Constitution.
“The essence of our country’s administration lies in the Preamble to the 1945 Constitution, [such as] where it will be taken to, how the independent state of Indonesia will be organized. The Preamble to the 1945 Constitution is not only declarative, but also programmatic. That is, [it] provides direction, provisions, and signs on how this sovereign nation should be built to achieve the country’s ideals. Indonesia’s independence was built through the 1945 Constitution,” he explained.
Democracy-Nomocracy-Theocracy
Fajar also explained the ‘democracy-nomocracy-theocracy’ triangle in the state administration. Indonesia, he said, adheres to three basic state administration principles. The first principle is theocracy or divine values in running the country. As Constitutional Justice Arief Hidayat said, Indonesia is a law-based state based on the belief in One Supreme God. All actions by the state administrators are ultimately accountable to God Almighty.
The second principle, Fajar added, is democracy, which in Indonesia is carried out based on the Constitution. Indonesia has been called the largest democracy in the world.
The third principle is nomocracy, meaning a state based on law. “Those three principles are the foundation to the state administration,” Fajar stressed.
Fajar then explained the hierarchy of the state institutions, which has changed from that in the past. The MPR (People’s Consultative Assembly) used to be known as the highest state institution, under which was the president, the Supreme Court, the DPR (House of Representatives), and other high state institutions. Today, however, the MPR are in an equal position as other high state institutions. There is no longer any highest state institution, as the highest position is occupied by the 1945 Constitution.
“The MPR used to be the manifestation of the people’s sovereignty. In its hand, all powers are interpreted and then distributed to the high state institutions,” Fajar said. He also explained the unitary state of the Republic of Indonesia, the presidential system, and the regional autonomy.
Meaning of Constitution
Meanwhile, Pan Mohamad Faiz, a senior researcher of the Constitutional Court, gave a presentation on ‘The Constitution and Constitutionalism.’ He explained the definitions of the constitution. In the Netherlands and Germany, he said, the constitution and the basic law (UUD) are two different things. So, why did Indonesia call the Constitution literally ‘basic law,’ not ‘constitution’?
“In the history, the Constitution was influenced by terms in Germany. Although Indonesia’s law is more influenced by the Dutch law, in terms of constitutionalism it did not borrow much Dutch terms,” he said.
Faiz explained that a constitution can be defined in narrow and large senses. In a narrow sense, it is a written basic norm, which is called a basic law (UUD). However, it also means something largen than just a textual constitution. It is also a convention, basic values that not stated in the constitution, but can be interpreted by authorized institutions such as the Constitutional Court, the president, or the House.
Faiz also explained the definition of constitutional values as the results of the implementation of norms in a constitution. According to Karl Loewenstein, there are important aspects related to the value of the constitution: its ideal nature as a theory (das sollen) and its real nature as practice (das sein).
In addition, Faiz also explained the procedure to the amendment to the 1945 Constitution. Based on Article 37 paragraph (1) of the 1945 Constitution, amendment proposals for articles of the Constitution may be scheduled in the MPR session if submitted by at least 1/3 of the total members. Article 37 paragraph (2) states that each proposed amendment to the articles of the Constitution is submitted in writing and should clearly indicates the proposed section for amendment along with the reasons.
Meanwhile, paragraph (3) states that to amend articles of the Constitution, the MPR session should be attended by at least 2/3 of the total members. Next, paragraph (4) states that the decision to amend articles of the Constitution is made with the approval of at least fifty percent plus one member of the MPR. In addition, paragraph (5) specifically states that no changes can be made to the form of the Unitary State of the Republic of Indonesia.
Protection of Human Rights
Next, Judicial Commission member Amzulian Rifai talked about “The Guarantee of the Citizens’ Constitutional Rights in the Constitution and the Spirit of Unity in Diversity.” He revealed various issues and global developments in protecting the citizens’ rights and human rights.
“Globally, human rights are not a simple thing. There are issues of women’s gender rights, right to the environment, et cetera. In the end, the citizens’ right to education comes down to budget. Our state budget allocates 20% for education,” he said.
Amzulian revealed the UK government’s effort to eradicate poverty and provide the people with better living, and even to eradicate poverty in other countries. “A certain percentage of the UK’s budget is allocated to help eradicating poverty in other countries,” he said.
What about the protection of human rights in Indonesia? He said it is contained in the Preamble of the 1945 Constitution (paragraph 1), the fourth precept of Pancasila, the body of the 1945 Constitution (Articles 27, 29, and 30), Law No. 39 of 1999 on Human Rights, and Law No. 26 of 2000 on the Court of Human Rights.
Also read: Chief Justice Reveals BJ Habibie’s Message Ahead of 2019 Presidential Election
The PPHKWN was a collaboration between the Constitutional Court, the Association of Civic Education Lecturers, and the Association of Pancasila and Civic Education Lecturers. The event will be taking place on Tuesday-Friday, October 26-29, 2021.
Writer : Nano Tresna Arfana
Editor : Nur R.
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 11/01/2021 17:16 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.
Wednesday, October 27, 2021 | 20:32 WIB 303