Constitutional Justices Enny Nurbaningsih and Wahiduddin Adams at the Constitutional Court’s public lecture on “Understanding the Constitution in the State” at FKIP UNS, Wednesday (5/25/2022). Photo by Humas MK/Hendy.
Wednesday, May 25, 2022 | 20:25 WIB
SURAKARTA, Public Relations—A public lecture by the Constitutional Court (MK) and the Faculty of Teacher Training and Education of Sebelas Maret University (FKIP UNS) took place on Wednesday, May 25, 2022. Constitutional Justices Enny Nurbaningsih and Wahiduddin Adams delivered their presentations.
Enny Nurbaningsih began her presentation by explaining the meaning of the constitution as a formal constitutional document containing provisions on how to manage coexistence in a country towards an advanced and independent society.
“The constitution is a collection of principles, bases, and legal rules that govern an organization, or a manifesto of statements from the constitution drafters that they generally want to realize,” she said.
Regulating State Organs
Justice Enny said that in general, the Constitution regulates state organs, how these organs work—their duties, functions, and powers. The constitution contains common goals to be achieved by a state, which are explicitly or implied in its articles.
She explained the constitution in a broad and narrow senses. In a broad sense, the constitution is not only a legal document, but also a non-legal one. Meanwhile, in a narrow sense, it is a legal document that contains legal norms to limit state power.
Furthermore, Justice Enny explained the content of the constitution, which includes the protection of human rights, the basic constitutional structure of a country, the division of basic administrative tasks, and the limitation of power.
Substantial Changes
Meanwhile, Justice Wahiduddin Adams delivered a presentation on “The Constitutional Court in the Indonesian State Administration System.” He explained that one of the results of the fundamental changes to the 1945 Constitution was a substantial change in the format of state institutions, especially those concerning their duties, authorities, working relations, and working mechanisms.
“Besides that, the implication of the amendment to the 1945 Constitution is that all institutions at the supra-level structure of the state and government must be reorganized. Not surprisingly, after the amendment to the 1945 Constitution, the legislators, in this case the House and the Government, made many changes or drafted laws that were needed as implementing regulations, especially in the context related to state institutions,” he said.
Prior to the amendment to the 1945 Constitution, Justice Wahiduddin added, the institutional structure of Indonesia recognized the highest and high state institutions. At that time, the People’s Consultative Assembly (MPR) as the highest state institution was the embodiment of the holder of sovereignty, that is, all Indonesian people. The MPR then appointed the President and delegated the authority to carry out the people’s will to the president, in this case also referred to as the MPR mandate. In carrying out his duties, the president was assisted by ministers, and in other words, the president distributed part of his power to the ministers.
This was mentioned in the elucidation to the 1945 Constitution before the amendment, previously known as the seven key systems of government as follows: Indonesia was a law-based state; it upheld the constitutional system; the highest state power was in the hands of the MPR while the president was the highest state government administrator under the MPR; the president was not responsible to the House; the state ministers were assistants to the president; the ministers were not responsible to the House; the power of the head of state was not unlimited.
Establishment of State Institutions
Justice Wahiduddin further explained the formation of state institutions. “State institutions are sometimes referred to as government institutions, non-departmental government institutions, or just state institutions. The formation of these state institutions is because they are empowered by the Constitution, some are even formed based on a presidential decree. Of course, the hierarchical position depends on the degree of regulation according to the applicable laws and regulations,” he explained.
At the central level, there are four institutional levels: institutions established based on the Constitution, which are further regulated and determined by laws, government regulations, presidential regulations, and presidential decrees; those established based on laws, which are further regulated by government regulations, presidential regulations, and presidential decrees; those formed based on presidential regulations or decrees, which will be determined further by presidential decrees.
“Institutions at the first level, which are better known as state institutions at the constitutional level, are the president, vice president, DPR, DPD, MPR, the Supreme Court, the Constitutional Court, and the BPK (Audit Board). The authority of these first-level institutions is regulated in the Constitution and is further detailed in the Law. The appointment of their members is determined by a decree by the presidential as the highest state administrative official,” Justice Wahiduddin explained.
The second-level institutions, he added, are institutions that were formed based on the law, which means that the source of their authority was the legislators. The process of granting authority to these institutions involves the House and the president, or in certain cases, the Regional Representatives Council (DPD). Therefore, dissolving or changing the form and authority of such an institution also requires the involvement of the House and the president. If its formation involves the DPD, its dissolution must also involve the DPD. For example, the Attorney General’s Office, the Bank of Indonesia (BI), the General Elections Commission (KPU), the Corruption Eradication Commission (KPK), the KPI, the Center for Financial Transaction Reports and Analysis Center (PPATK), the National Commission on Human Rights (Komnas HAM), and so on were formed under a law and therefore cannot be changed or dissolved except by changing or repealing the law.
At the third level, Justice Wahiduddin added, are institutions whose source of authority was purely the president as the head of government, so that their formation was entirely sourced from the presidential policy. That is, their formation, change, or disbandment depends solely on a presidential policy. Regulations regarding the organization of state institutions are also sufficiently stated in a presidential regulation, which is regeling in nature and the appointment of its members is carried out by means of a presidential decree, which is beschikking in nature.
“At a lower level are institutions established based on a ministerial regulation. At the initiative of the minister as a public official, based on needs with regard to government and development tasks in the fields that are their responsibility, it is possible to form a non-permanent and specific body, council, institution, or committee. In relation to the aforementioned matters, it can be argued that in the 1945 Constitution, there are no less than 28 institutional legal subjects or state administrative and administrative law subjects. These institutional legal subjects can be referred to as state organs in a broad sense. Of the 28 organs, not all of them are clearly defined in terms of their existence and authority in the 1945 Constitution,” he said.
Writer : Nano Tresna Arfana
Editor : Lulu Anjarsari P.
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 5/30/2022 09:43 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 25, 2022 | 20:25 WIB 179