Constitutional Justice Daniel Yusmic P. Foekh giving a public lecture at the Widya Mandala Catholic University of Surabaya (UKWMS), Friday (3/11/2022). Photo by Humas MK/Bayu.
Saturday, March 12, 2022 | 06:45 WIB
JAKARTA, Public Relations—The meaning of ‘controlled by the state’ in Article 33 of the 1945 Constitution has a larger definition than simply ownership in the concept of civil law. This concept is related to that of people sovereignty in the 1945 Constitution, in both politics and economy.
“In the concept of people sovereignty, the people is recognized as the source, owner, and holder of the highest power in the state. In the concept of the highest power, also included the meaning of public ownership by the people collectively,” said Constitutional Justice Daniel Yusmic P. Foekh when delivering a public lecture on “The Constitutional Court and the Interpretation of Pancasila Economy” at the Widya Mandala Catholic University of Surabaya (UKWMS) on Friday, March 11, 2022.
He explained Mubyarto's definition of the Pancasila economic system as being driven by economic, social, and moral stimuli. In addition, the entire community has a strong will towards social equality, in accordance with humanitarian principles and economic priorities in a strong national economy, which means that nationalism drives every economic policy.
“In addition, according to Mubyarto, the Pancasila economic system is characterized by cooperatives, which is the pillar of the economy and is the most concrete form of mutual effort. There is also a clear and firm balance between planning at the national level and decentralization in the implementation of economic and social activities,” he explained. He added that Pancasila is the manifestation of the values within society, which become the Indonesian people’s way of everyday life and the material cause of Pancasila that was born out of and show the original character of the Indonesian nation.
For the Utmost Welfare of the People
In the 1945 Constitution, Justice Foekh said, the national economy is regulated in Article 33, which reads, “(1) The economy shall be prepared as joint efforts based on family principle; (2) Production branches significant to the state and anything controlling the life of many people shall be controlled by the state; (3) Soil and water and natural wealth contained therein shall be controlled by the state and used for the welfare of the people to the utmost; (4) The national economy shall be held based on economic democracy with the principles of togetherness, efficiency with justice, sustainability, environmental perception, independence, and by keeping the balance of the national economic progress and unity; (5) Any further provisions on the implementation of this article shall be stipulated by virtue of law.”
As such, in the 1945 Constitution, the collective people mandate the state to make policies (beleid) and govern (bestuursdaad), regulate (regelendaad), manage (beheersdaad), and oversee (toezichthoudensdaad) for the welfare of the people to the utmost, he said. The governing function is exercised by the government through its authority to issue and revoke permits (vergunning), licenses (licentie), and concessions (concessie).
Constitutional Court’s Authorities
In the public lecture, Daniel also explained the Court’s four authorities and one obligation as referred to in Article 24C paragraphs (1) and (2) of the 1945 Constitution: first, to review laws against the 1945 Constitution; second, to decide on authority disputes between state institutions; third, to decide on the dissolution of political parties; fourth, to decide on disputes over general election results; as well as the obligation to decide on the House of Representatives’ (DPR) opinion on an alleged violation of law committed by the president and/or vice president.
In addition, Court has another additional authority to rule on regional head election (pilkada) disputes based on the Constitutional Court Decision No. 97/PUU-XI/2013, which reads, “in order to avoid doubt, legal uncertainty, and vacuum of institution authorized to settle disputes over regional head election as there has been no law regulating this matter, the settlement of disputes over regional head election remains under the jurisdiction of the Constitutional Court.”
This is reinforced by Article 157 paragraph (3) of Law No. 10 of 2016, which reads, “Cases of dispute over the final vote acquisition results of the election of Governors, Regents, and Mayors are examined and tried by the Constitutional Court until the establishment of a special judicial body.”
Justice Foekh also explained the Court’s functions as the guardian of the Constitution, the guardian of democracy, the guardian of the state ideology, the protector of human rights, the protector of the citizens’ constitutional rights, and final interpreter of the Constitution.
Writer : Nano Tresna Arfana
Editor : Nur R.
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 3/14/2022 09:37 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.
Saturday, March 12, 2022 | 06:45 WIB 244