Prof. Dr. Sudjito, S.H., M.Si. speaking at PPHKWN for Pemuda Muhammadiyah, Tuesday (6/7/2021) virtually. Photo by Humas MK/Teguh.
Wednesday, June 8, 2022 | 09:59 WIB
JAKARTA, Public Relations—The constitution awareness program for citizens (PPHKWN) for the board and members of Pemuda Muhammadiyah took place on Tuesday, June 7, 2022 virtually at the Pancasila and Constitution Education Center, Cisarua, Bogor. The speakers on the first day were Bayu Dwi Anggono, Sudjito, Khairul Fahmi, and Andy Omara.
The Secretary-General of the Executive Board of the Association of Constitutional and Administrative Law Lectures of Indonesia (APHTN-HAN) Bayu Dwi Anggono delivered a presentation on “The Constitution and Constitutionalism.” The constitution, he said, is not about right or wrong, but the consensus of the development of the state life. “That is why, I would say that it can complement each other,” he said at the beginning of his presentation.
He added that since the establishment of the Constitutional Court in Indonesia in 2003, the Constitution has become part of the daily life of the Indonesian people. The term “the Constitution” is already so large and is often discussed in public spaces. In higher education, for example, the amendment to the 1945 Constitution in 1999-2002, which led to the establishment of the Constitutional Court and several other state institutions, led to Constitutional Law being taught as a course. In addition, there have been growing research and publications on the Constitution.
Understanding the Constitution
Bayu explained that the constitution and constitutionalism is inseparable, because the Constitution is the material implemented in state life. The constitution is also not always identified with the state, but can also be used by various types of organizations—sovereign state organizations, international organizations, corporations, associations that are legal entities, or professional organizations, and social and community organizations in general.
“In conclusion, a constitution is the highest guidelines and reference in the framework of the workings of an organization, both in terms of state organizations or other organizations,” Bayu explained.
He further explained that a constitution can also be defined as the highest agreement or social contract for all the people for and within the state, the form of which can be documented in writing in a legal text called the Constitution, or undocumented in a single text but recorded in many historical manuscripts, or not written at all but only grows and is obeyed in the practice of administering state power.
What about constitutionalism? Bayu said constitutionalism can be interpreted as a concept that includes main ideas, views, attitudes, and behavior patterns of coexistence within a state organization that reflects, describes, and implements the basic principles from which government power originates, governed, guided, directed, driven, and limited by a system of rules called laws and ethics, which are fundamental. However, having a constitution does not necessarily guarantee the implementation of principles of constitutionalism in the practice of power. A constitutional state is said to be without constitutionalism if the basic principles are only semantic or nominal, on paper and in formal speeches. A good constitution must be accompanied by the operation of the constitutionalism system in practice.
Also read: Deputy Chief Justice Opens PPHKWN for Pemuda Muhammadiyah
Meaning of Pancasila
Law professor of Gadjah Mada University (UGM) Sudjito presented “The Re-actualization of the Implementation of Pancasila Values.” He was of the view that the Indonesian people seem have low understanding of the law and that there was a tendency towards the civil law system.
“The implication is that the state law is dominant over customary law and religious law, state law is a political product, and legal politics is not based on Pancasila but [people’s] interests,” he said. He also stated that every country has a unique legal system, according to the structure of its society and culture, and that a state of law is home that brings happiness to its people.
He also explained the meaning of Pancasila as a way of life. Quoting Bung Karno, he said the life of the Indonesian nation proceeded through 4 stages: the Pre-Hindu stage, the Hindu stage, the Islamic stage, and the imperialist stage. When Europe was still forests, there was no Germanentum, Indonesia at that time was still Pre-Hindu. Reflecting on the life values of the Indonesian people, there are 5 things that stand out in all spheres of their lives: divinity, nationality, humanity, people’s sovereignty, and social justice. Pancasila as a way of life has existed since the beginning of life. It is used as a static basis and a dynamic leitstar—accepted and became the basis on which all Indonesian people are united.
Sudjito then explained the meaning of Pancasila as Philosophische Grondslag, or the foundation, philosophy, deepest thoughts, soul, and desire for the eternal independent Indonesia. Pancasila was ratified by the Preparatory Committee for Indonesian Independence (PPKI) as the incarnation of all components of the nation on August 18, 1945. At the same time, the Preamble to the 1945 Constitution was ratified as the Staatsfundamentalnorm, while the body of the 1945 Constitution and its elucidation as the basic written norms of an independent Indonesia. Therefore, Pancasila must be implemented objectively by state administrators in making, implementing, and enforcing laws.
Main Ideas of Preamble to 1945 Constitution
Constitutional law lecturer of the Law Faculty of Andalas University Khairul Fahmi presented “State Administration System Based on the 1945 Constitution.” He discussed the main ideas of the Preamble to the 1945 Constitution.
“Our Constitution actually aspired Indonesia as an independent and anti-colonial country. The spirit of the founding of the Indonesian state as outlined in the Preamble to the 1945 Constitution is that any form of colonialism is opposed by the Indonesian people. This is also a political stance, both in foreign relations and domestically. The independence that we fought for is not solely the result of the struggle of the founders of the republic, but it is acknowledge that it was also thanks to the grace of Allah SWT,” he said.
Khairul added that the Preamble to the 1945 Constitution showed the profile of the country that the founders aspired to—an independent and united country. This aspiration arose because the Indonesian people were diverse in terms of religion, language, culture and others. All of them are united in the Unitary State of the Republic of Indonesia. The Indonesian people ultimately want a just and prosperous country. In addition, in the Preamble to the 1945 Constitution, there are the state’s objectives: to protect the entire Indonesian nation and the entire land of Indonesia, to develop public welfare, to educate the nation’s life, and to participate in world orderliness.
Khairul also discussed the Indonesian government system before the amendment to the 1945 Constitution as follows: the president was elected by the MPR (People’s Consultative Assembly); the president held government power (Article 4 paragraph (1) of the 1945 Constitution); ministers were appointed, dismissed, and responsible to the president (Article 17 the 1945 Constitution); the president was not responsible to the DPR (House of Representatives) and the House could not overthrow the president; the president was responsible to the MPR.
Meanwhile, the Indonesian government system after the amendment to the 1945 Constitution was marked as follows: the president holds government power according to the 1945 Constitution (Article 4 of the 1945 Constitution); the president and vice president are elected directly by the people (Article 6 of the 1945 Constitution); the president and vice president take office for five years and thereafter may be re-elected in the same position only for another term (Article 7 of the 1945 Constitution).
Guarantee of Citizens' Constitutional Rights in 1945 Constitution
Next, Andy Omara delivered a presentation on “The Guarantee of Citizens’ Constitutional Rights in the 1945 Constitution of the Republic of Indonesia.” The one of the most important words the citizens’ constitutional rights is, he said, “constitutional,” which comes from the word constitution. “We often hear what the constitution is and how it is important in the management and regulation of the state. Therefore, we will discuss why countries in the world have a constitution,” he said.
Andy explained the reason for the importance of the Constitution, that is, because there are many things that need to be regulated in a country—the people, the government, and others. As the highest statutory regulation, the constitution regulates many things regarding state institutions that have their respective authorities. “The constitution is also important to limit the authority of state institutions because, without restrictions, authority tends to be misused,” he said.
Andy then mentioned the guarantee of citizens’ constitutional rights in the 1945 Constitution, for example, Article 28A reads, “Everyone shall be entitled to live and maintain their life.” Article 28B paragraph (1) reads, “Everyone shall be entitled to form a family and continue their generation through a legitimate marriage.” Meanwhile, paragraph (2) emphasizes that every child is entitled to live, grow, and develop and be protected from violence and discrimination. Then Article 28C paragraph (1) states that everyone is entitled to develop themselves through the fulfilment of their basic necessities, receive education and benefit the science and technology, art and culture, to improve the quality of their life and for the welfare of the mankind.
Writer : Nano Tresna Arfana
Editor : Nur R.
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 6/10/2021 14:49 WIB
Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian version, the Indonesian version will prevail.
Wednesday, June 08, 2022 | 09:59 WIB 305