Constitutional Justice Wahiduddin Adams giving a keynote speech at a paralegal basic training organized by the Educational Institution and Legal Aid for the branch managers of the Indonesian Islamic Student Movement virtually, Saturday (6/11/2021). Photo by Humas MK.
Saturday, June 11, 2022 | 17:02 WIB
JAKARTA, Public Relations—Constitutional Justice Wahiduddin Adams gave a keynote speech on “The Interpretation of Social Justice in Pancasila” at the basic training for paralegals on “The Internalization of Pancasila and Pro-Justitia in Public Advocacy.” The event was organized by the Educational Institution and Legal Aid for the branch managers of the Indonesian Islamic Student Movement (PMII) on Saturday, June 11, 2022.
Justice Wahiduddin, who attended the event online, said justice is contained in Pancasila. Justice, he said, is a legal goal for justice, certainty, and benefit. “There is the principle of benefit to all aspects of life have. These views on justice, certainty and expediency,” he said.
He also said that philosophers expressed their opinion about “justice” so it was constructed as the “theory of justice.” “In the West there were Immanuel Kant to John Rawls who put forward theories of justice. In the East, philosophers such as Confucius, while in Islam, scholars also interpreted the concept of ‘justice’ based on the Qur’an and sunnah,” he explained.
In addition, he asserted, various theories of justice were attached based on themes, for example ethical theory with a moral approach and utility theory with a sum approach. The concept of justice is also associated with the thematic theory of law.
Justice Wahiduddin said social justice is also the ideal of Indonesian law. The systematic approach in the 1945 Constitution is contained in the concept of “social justice” associated with the regulation on “National Economy and Social Welfare” in Chapter XIV (Articles 33 and 34) of the 1945 Constitution. He believed the notion of “controlled by the state” in Article 33 of the 1945 Constitution contained a higher or broader sense than ownership in the civil law. The concept of control by the state is a concept of public law relating to the principle of popular sovereignty within the 1945 Constitution, both in politics (political democracy) and economy (economic democracy).
If the meaning of the phrase “controlled by the state” is only interpreted as ownership in a civil (private) sense, this will not be sufficient for control to achieve the goal of “the greatest prosperity of the people,” which thus render the mandate to “promote the welfare of the people” and “realize social justice for all Indonesian people” in the Preamble to the 1945 Constitution impossible.
“The [phrase] ‘controlled by the state’ must be interpreted to include the meaning of control by the state in a broad sense originating from the concept of the sovereignty of the Indonesian people over all sources of wealth ‘earth and water and the natural resources contained therein,’ including the notion of public ownership of these resources by the collective people,” Justice Wahiduddin said.
He also emphasized that the collective people were constructed by the 1945 Constitution to give a mandate to the state to carry out policies (beleid) and management actions (bestuursdaad), regulation (regelendaad), management (beheersdaad), and supervision (toezichthoudensdaad) for the purpose of the greatest prosperity of the people.
Social Welfare
Meanwhile, in terms of social welfare, the Constitutional Court Decision No. 007/PUU-III/2005 on the establishment of the Social Security Administrative Body (BPJS) interpreted Article 34 of the 1945 Constitution.
Historically, Justice Wahiduddin added, the ideals of the state as stated in the fourth paragraph of the Preamble to the 1945 Constitution were inseparable from the ideas developed at the time the 1945 Constitution was drafted. This idea is known as the notion of the welfare state, which requires the state to be responsible for the welfare of its people, which includes developing social security for its people.
Thus, the term “state” in Article 34 paragraph (2) of the 1945 Constitution, in relation to the understanding of the welfare state, actually refers more to the implementation of the function of state social services for the people or its citizens. Thus, this function is part of the functions of the holders of state government power according to the 1945 Constitution. In order for this function to work, the holders of state government power need authority.
According to the 1945 Constitution, Justice Wahiduddin said, the power of state government is exercised by the central and regional governments, so the regional government also exercise the social service function. Thus, it also has the authority to carry out the intended function. He also explained that the development of the social security system is part of the implementation of the function of state social services whose authority to administer it is in the hands of the holders of state government power, not only the authority of the central government but can also be the authority of the regional government. Therefore, the SJSN Law should not bar regional governments from participate in developing the social security system.
Writer : Utami Argawati
Editor : Lulu Anjarsari P.
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 6/13/2021 09:25 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.
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