Chief Justice Anwar Usman opening the constitution awareness program for the board and members of the Corps of Indonesian Muslim Students Alumni officially from the Constitutional Court building, Tuesday (5/17/2022). Photo by Humas MK/Ifa.
Wednesday, May 18, 2022 | 05:13 WIB
JAKARTA, Public Relations—Chief Justice Anwar Usman opened the constitution awareness program for the board and members of the Corps of Indonesian Muslim Students Alumni (KAHMI) officially on Tuesday, May 17, 2022 from the Constitutional Court building in Jakarta.
He said that the 1998 Reform had brought about significant changes and had extraordinary impacts on the life of the nation and state. These major changes were not only in terms of top leadership of the state (presidency), but also to the structure and role of state institutions in Indonesia.
“The changes of the role of state institutions were in line with the amendment to the 1945 Constitution, which was implemented from 1999 to 2002. Even though in fact the amendment had occurred 16 years ago, because of fundamental changes that have broad impacts on the life of the nation and state, the dissemination and discussion of Pancasila and the Constitution must always be carried out,” he said.
Justice Anwar believes that changes and developments in the values of Pancasila and the Constitution were also developing and dynamic, according to the era. As such, the Constitution is theoretically a living constitution.
Functions and Authorities of Constitutional Court
Justice Anwar further emphasized that the amendment to the 1945 Constitution was an inseparable part of the Reform movement in 1998. Therefore, the birth of the Constitutional Court in 2003, as a result of the amendment, was often referred to as the fruit of the Reform. In the third phase of the amendment in 2001, specifically of Article 24 paragraph (2), the Constitutional Court was born as one of the holders of the judicial power alongside the Supreme Court (MA).
He said that the Constitutional Court’s authorities are explicitly stated in Article 24C paragraphs (1) and (2): to review laws against the Constitution, to decide on disputes over the authority of state institutions whose authority is granted by the Constitution, to decide on the dissolution of political parties, to decide on disputes over the results of general election (legislative election for DPR, DPD, DPRD and the presidential election), to decide on the House’s opinion of alleged violation by the president and/or vice president according to the Constitution.
In addition, Justice Anwar emphasized, the Constitutional Court was also mandated with resolving disputes over the results of the regional head elections or pilkada. With those authorities, at the beginning, the Court was often referred to as the guardian of the Constitution and democracy, and the protector of the citizens’ constitutional rights.
However, lately, he added, the Constitutional Court’s designations have increased; it is also expected to be the guardian of the state ideology Pancasila. This hope and desire is actually not excessive, because Pancasila is an inseparable part of the 1945 Constitution. There are two main parts of the 1945 Constitution: preamble and body. The preamble contains the formulators’ spirit of the ideals and objectives of the struggle for Indonesian independence as well as the basic ideology of the state (Pancasila).
Inculcating Basic Values of Pancasila
In addition, Justice Anwar also explained that the Constitutional Court, which was founded on August 13, 2003, also guards the state ideology.
“Each of the precepts of Pancasila is embodied in the norms of the 1945 Constitution. So, upholding the Constitution constitutes upholding the state ideology. However, in general, enforcement of the law and the Constitution must meet several elements. According to Friedman, the enforcement of law must at least fulfill the elements in the legal system: legal structure, legal substance, and legal culture.
Justice Anwar believed that without inculcating the values of Pancasila and the Constitution to all elements of society, it is impossible for Pancasila and the Constitution to be upheld and to become guidelines in the life of the nation and state. “Therefore, the role of the lecturers, who are members of the Association of Lecturers of Pancasila and Citizenship Education, is very important, in building a culture of society that is aware of Pancasila and the Constitution as basic values in the life of the nation and state.
For the Constitutional Court, the task disseminating constitutional values is inherent in the identity of the Court: ensuring that the Constitution as the supreme law is actually implemented. This identity is the source of the Court’s spirit in carrying out its role as the guardian of the Constitution. Therefore, the Court always strives so that every citizen, state institution, and government institution will increasingly be aware, understand, realize, and implement it consistently.
At the end of his remarks, Justice Anwar hoped that this program would not only benefit all participants, but also in upholding the Constitution and law in the country.
This program is taking place online from Tuesday to Friday, May 17-20, 2022 at the Pancasila and Constitutional Education Center, Bogor. Several speakers delivered presentation on Pancasila, the Constitution, and the Constitutional Court.
Writer : Utami Argawati
Editor : Nur R.
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 5/18/2022 14:11 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, May 18, 2022 | 05:13 WIB 197