Chief Justice Anwar Usman, UMI Law Faculty Dean La Ode Husen, Head of the Center for Research, Case Review, and Library Management Kurniasih Panti Rahayu, and UMI Rector Basri Modding taking pictures after inaugurating the smartboard mini courtroom at UMI Makassar, Friday (10/29/2021). Photo by Humas MK/Agung.
Friday, October 29, 2021 | 21:25 WIB
MAKASSAR, Public Relations—Chief Justice Anwar Usman delivered a keynote speech at the inauguration of the smartboard mini courtroom for remote hearings at the Indonesian Muslim University (UMI) of Makassar on Friday, October 29, 2021.
“With the smartboard mini courtroom, hopefully the quality of the law faculty at Indonesian Muslim universities continue to improve,” he said.
He stressed the importance of the Constitution in the nation and state life. Without any regard to the Constitution and the law, a nation will fall.
“It has happened in the past. A nation falls when the Constitution and the law are not upheld,” he added. He talked about the Ottoman Empire, which used to be revered but then fell due to its people’s hedonism.
Justice Anwar also explained the Court’s four authorities and one obligation pursuant to Article 24C paragraphs (1) and (2) of the 1945 Constitution: to review laws against the 1945 Constitution, to decide on authority disputes between state institutions, to decide on the dissolution of political parties, and to decide on disputes over general election results, as well as to decide on the DPR’s (House of Representatives) opinion on an alleged violation of law committed by the president and/or vice president.
“The mandate of Article 24C paragraphs (1) and (2) of the 1945 Constitution is over almost all aspects of the nation and state life,” he asserted.
He also revealed that the Court has passed decisions in relation to the Islamic law, such as that on marriageable law. “However, reforms not only concern law, but also other disciplines,” he said.
Legal Reform
Meanwhile, Constitutional Justice Wahiduddin Adams gave a lecture on “Legal Reform in Indonesia.” He said that the proclamation of independence on August 17, 1945 was a turning point for legal reform in Indonesia.
“The proclamation of Indonesia’s independence was a [turning] point of legal order that we had to build. From a colonized, dependent, discriminated people, the proclamation was a turning point where we had to build the law in a free, sovereign Indonesia. This turning point was mentioned in the [Temporary People’s Consultative Assembly Decree/TAP MPRS] No. 20 of 1966, that the proclamation of Indonesia’s independence did not continue the colonial law,” he said.
He further explained that to avoid legal vacuum, transitional provisions in the 1945 Constitution were created so that in time, Indonesia would build its own law as a sovereign nation. Until 1984, over 600 laws in Indonesia were a legacy of the Dutch Indies colonial. Over two centuries, colonialist laws were enforced in Indonesia. After the independence, Indonesia had a Herculean task to reform legal products—the Criminal Code (KUHP), the Criminal Procedure Code (KUHAP), the Civil Code (KUHPer), the Commercial Law, and many more.
“Legal reform is a necessity. We have to make innovations. In a narrow sense, we have reformed the Basic Agrarian Law No. 5 of 1960. Meanwhile, in a broad sense, the Indonesian people have made changes, or amendment, to the 1945 Constitution,” Justice Wahiduddin asserted.
Writer : Nano Tresna Arfana
Editor : Nur R.
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 11/2/2021 20:23 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.
Friday, October 29, 2021 | 21:25 WIB 199