Chief Justice Anwar Usman giving a keynote speech at and opening the PPHKWN for GMNI alumni board and members, alongside GMNI Alumni Association Chairman Aruji Wahyono and Acting Head of the Pancasila and Constitution Education Center Imam Margono, Monday (6/13/2021) virtually. Photo by Humas MK/Teguh.
Tuesday, June 14, 2022 | 06:50 WIB
JAKARTA, Public Relations—The Constitutional Court (MK) held another constitution awareness program for citizens (PPHKWN) on Monday to Thursday, June 13-16, 2022 at the Pancasila and Constitution Education Center, Bogor. The fifth PPHKWN program for 2022 was organized in collaboration with the Indonesian National Student Movement (GMNI). Chief Justice Anwar Usman gave a keynote speech and opened the program in person.
In his remarks, Justice Anwar that one of the contents that must be contained in the 1945 Constitution was the protection of the citizens’ constitutional rights. In all countries, generally the practice and concept of the protection of the citizens’ constitutional rights develop according to the practice and needs.
“In our own country, the guarantee of the protection of the citizens’ constitutional rights in the 1945 Constitution has been amended several times,” he said.
Throughout the nation’s history starting from the independence in 1945, the Indonesian Constitution has experienced ups and downs. The 1945 Constitution, formed by the BPUPKI (Investigating Committee for Preparatory Works for Independence) and the PPKI (Preparatory Committee for Indonesian Independence) after the proclamation of independence, was replaced by the RIS (Republic of the United States of Indonesia 1949-1950) Constitution. However, the RIS Constitution received a lot of opposition until the Provisional Constitution was formed in 1950 (UUDS 1950). Then, the general elections on December 15, 1955 to elect constituent members brought about the hope for a new constitution.
Justice Anwar said that changes to the Constitution were seen as a necessity, because the old 1945 Constitution was no longer sufficient to regulate and provide the basis for the implementation of the state with the principles of good governance, as well as to support the enforcement of democracy and human rights.
Founding of Constitutional Court
Justice Anwar further explained that the idea of the Constitutional Court in Indonesia was initiated by Prof. Muhammad Yamin during the discussion of the draft of the 1945 Constitution in the BPUPKI. He talked about the importance of a judicial institution that has the authority to review the law.
“However, this idea was rejected, for several reasons: 1) at the time Indonesia had just become independent, so there were not many legal scholars; 2) the task of judges was to apply laws, not examine them; 3) the authority of the judge to review laws contradicted the supremacy of the MPR (People’s Consultative Assembly); and 4) Indonesia did not adhere to trias politica, but rather the distribution of power,” Justice Anwar said.
In addition, he said, during the discussion to amend the 1945 Constitution in the Reform era, the idea of a judicial institution with the authority to review the law resurfaced. In addition, the amendment also caused the MPR to no longer have be the highest state institution, because the supremacy of the MPR shifted to the Constitution. “Therefore, it was necessary to provide an institutional and constitutional mechanism, a state institution, to settle possible of disputes between state institutions, which have now become equal and balance and control each other (checks and balances),” he stressed.
He added that there was pressure to improve review of statutory regulations, not only limited to regulations under the law, but also laws against the Constitution as the highest law of the state. The authority to examine laws against the Constitution was to be given to a separate court outside the Supreme Court (MA). Thus, an independent Constitutional Court beside the Supreme Court became a necessity.
Justice Anwar explained the idea to form the Constitutional Court received positive response and became one of the materials for the amendment to the Constitution, which was decided by the MPR. After going through in-depth, careful, and democratic discussions, it became a reality with the ratification of Article 24 paragraph (2) and Article 24C of the 1945 Constitution, which was part of the third stage of the amendment at the MPR annual session on November 9, 2001. As such, Indonesia became the 78th country to form a constitutional court and the first country in the 21st century that formed it.
Understanding of Constitutional Rights
Meanwhile, the Acting Head of the Pancasila and Constitution Education Center Imam Margono said that as one of the state institutions formed during the Reform through the amendment to the 1945 Constitution, the Constitutional Court was intended as a strategic part of structuring the constitutional system in the form of institutionalizing a reform agenda that includes democratization, rule of law, guarantee of the protection of human rights and the citizens’ constitutional rights.
Imam emphasized that the enforcement of the law and the Constitution were not only the duty of law enforcement officers, but also all elements of the nation. Efforts to realize the ideals of a democratic rule of law require good constitutional awareness of all citizens. For this reason, every citizen needs to understand the constitutional rights that are guaranteed in the Constitution and how concrete efforts can be taken to defend them.
According to Imam, there were philosophical and spiritual agreements to increase public access to the Constitutional Court, which guaranteed the citizens’ constitutional rights, inspired and encouraged the Constitutional Court through the Pancasila and Constitution Education Center to carry out programs to improve public understanding of the citizens’ constitutional rights. One of the target groups targeted by the Pancasila and Constitution Education Center this year is the board and members of the Alumni Association of the Indonesian National Student Movement (GMNI) because the Court believes in the GMNI’s strategic role in the socio-political and legal map in Indonesia.
“With this program, hopefully the GMNI members and board will be able to obtain a paradigm based on the values of Pancasila and the 1945 Constitution. The training of the noble values of Pancasila is expected to be carried out continuously so that Pancasila truly becomes the spirit and guidelines among all members in thinking and acting,” Imam said.
The program was attended by around 372 online participants. It is aimed at improving GMNI cadres’ strategic role in advancing a plural Indonesia through improving the understanding of Pancasila values and awareness of the Constitution and the citizens’ constitutional rights and constitutional efforts in fighting for those rights. The participants received materials regarding Pancasila, the Constitution, the citizens’ constitutional rights, the Constitutional Court, and the procedural law of judicial review from constitutional justices, constitutional law experts, as well as the Court’s substitute registrars, researchers, and IT staff.
Writer : Utami Argawati
Editor : Lulu Anjarsari P.
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 6/15/2021 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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