Constitutional Justice Arief Hidayat speaking at the constitution awareness program for citizens for the board and members of the Alumni Association of the GMNI virtually, Wednesday (6/15/2021). Photo by Humas MK/Panji.

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Wednesday, June 15, 2022 | 13:43 WIB

JAKARTA, Public Relations—Constitutional Justice Arief Hidayat delivered a presentation at the constitution awareness program for citizens (PPHKWN) for the board and members of the Alumni Association of the Indonesian National Student Movement (GMNI) on Wednesday, June 15, 2022. The program was organized by the Constitutional Court (MK) through its Pancasila and Constitution Education Center.

Justice Arief talked about the re-actualization of the implementation of Pancasila values. He said the principles within Pancasila are universal principles that are not only the basis of the state and the nation’s ideology, but also a complete discipline. “Upon deeper study, these principles are a complete discipline and are most suitable to apply in a heterogeneous, diverse society,” Justice Arief said virtually from the Constitutional Court building in Jakarta.

Justice Arief asserted that Pancasila served as a dominant thing that integrates the nation. The Indonesian people uphold the principle of Bhinneka Tunggal Ika (unity in diversity) under the same ideology, Pancasila. “Indonesia is a heterogeneous nation in terms of religion, culture, and any other aspects,” he said.

Also read: Court Holds PPHKWN for GMNI Board and Members

Justice Arief also said that in order to become a great nation, Indonesia needed a strong bond. This bond is Pancasila.

“The function of Pancasila for the Indonesian people is integrating diversity, heterogeneity, all aspects of Indonesia. For this reason, we develop it. In fact, all branches of life in Indonesia must implement Pancasila. Pancasila can be used, implemented in various aspects of life. Pancasila can be applied in legal field, in sociological field, in politics, and so on,” he said alongside moderator Acting Head of the Pancasila and Constitution Education Center Imam Margono.

Justice Arief further said that in order to protect Indonesia and Pancasila, the Indonesian people must be committed to the goal of the state—protecting the entire nation as stated in the Preamble to the 1945 Constitution.

“Indonesia was founded as a country and a nation not only because of a sense of community togetherness but also the noble desire of the entire nation with guidance from God, so that an independent Indonesia was realized,” he explained.

Also read: GMNI Board and Members Learn Constitution and Constitutional Court’s History

Petition Drafting

Next, the Court’s Substitute Registrar Syukri Asy'ari explained “Drafting a Judicial Review Petition of Law against the 1945 Constitution.” He said a judicial review case only has one party with legal norms being the object to review. There is a petitioner but no respondent or opposing party.

He also explained the other parties in a judicial review case: testifiers and the related party. All three parties can be represented by a legal counsel based on a special power of attorney and/or accompanied by a companion with a certificate.

Syukri explained that the petitioner is someone who considers their constitutional rights and/or authorities impaired by the enactment of the law. They could be individual Indonesian citizens or groups of people who have the same interests, customary law communities that live in accordance with the state principles of the Unitary State of the Republic of Indonesia, public or private legal entities, as well as state institutions.

The Court, he said, can request information and/or minutes of meetings relating to the case being examined from the MPR (People’s Consultative Assembly), DPR (House of Representatives), DPD (Regional Representatives Council), and/or the president. In addition, the testifier’s statement should at least contain a clear description of the facts that occurred during the discussion of the bill of Law or the government regulations in lieu of laws (perppu) being petitioned, including other matters deemed necessary by the testifier or requested by the Court.

Shukri also explained the requirements for submitting a petition, be it offline or online. The petition must at least consist of: one copy of the written petition in Indonesian signed by the petitioner/legal counsel, a photocopy of the ID of the petitioner/lawyer, power of attorney, and statute/bylaw. In addition, the petition must at least contain the profile of the petitioner and/or legal counsel, the Court’s authority, the petitioner’s legal standing, the background to the petition (posita), and the petitum.

After the presentations, the participants were divided into separate groups to practice drafting a judicial review petition based on the instruction. Then, they continued drafting the petition independently.

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 14:43 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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