Law professor of Diponegoro University Adji Samekto delivering a presentation of PPHKWN for the Association of Indonesian Policy Analysts (AAKI) virtually, Tuesday (6/21/2021). Photo by Humas MK/Teguh.
Wednesday, June 22, 2022 | 09:22 WIB
JAKARTA, Public Relations—The constitution awareness program for citizens (PPHKWN) for the Association of Indonesian Policy Analysts (AAKI) continued on Tuesday, June 21, 2022 virtually from the Pancasila and Constitution Education Center, Cisarua, Bogor. The program was collaboration between the Constitutional Court (MK) and the AAKI.
On the second day of the program, four speakers delivered presentations—Diponegoro University law professor Adji Samekto, Islamic University of Indonesia’s (UII) constitutional law professor Ni’matul Huda, Hasanuddin University law professor Judhariksawan, and the Head of the Public Relations and National Affairs Department Fajar Laksono.
Adji Samekto delivered a presentation on “The Challenges on the Re-actualization of Pancasila Values,” Ni’matul Huda on “The State Administration Based on the 1945 Constitution,” Judhariksawan on “The Guarantee of Citizens’ Constitutional Rights in the 1945 Constitution,” and Fajar Laksono on “The Constitution and Constitutionalism.”
Adji said values were abstract, intangible things that stays in the mind of people, such as respecting parents and nationalism.
“These values actually come from sensory experience and consciousness based on reason. Value is in everyone. But when it becomes common property, it becomes common sense,” he said.
Therefore, said Adji, the source of Pancasila values is the experience of the Indonesian nation, which is based on facts and reason or rational experience. The experience of the Indonesian people in Pancasila is summarized in the form of the values of divinity, humanity, unity, populism, and social justice.
“The values contained in Pancasila are a unified whole, not mutually exclusive,” said Adji.
Furthermore, he said, there are meanings to the values in Pancasila. The value of divinity means human life comes from God as God’s creations, where they cannot develop the world alone, but various tribes, races, and religions together.
Meanwhile, the value of unity is an attitude, feeling, thought of maintaining life together based on a feeling of shared destiny and a common place. Populism in Indonesia means all decisions are based on consensus because of the awareness that humans are all equal.
“Then, the value of social justice is that the purpose of the Indonesian state is to live together to realize general welfare through ways that reflect social justice where the state must be present,” Adji said.
Indonesia’s Legal Ideals
Ni’matul Huda in his presentation said that Indonesian legal ideals are rooted in Pancasila. The founders established Pancasila as the philosophical foundation in arranging the basic framework and structure of state organizations as formulated in the 1945 Constitution.
“Pancasila is a way of life for the Indonesian people that expresses their views on the relationship between humans and God, humans and fellow humans, as well as humans and the universe, which is in its core is the belief in humans’ place in society and the universe. The legal ideals of Pancasila must reflect the goals of the state and a set of basic values contained in both the Preamble and the Body of the 1945 Constitution,” he explained.
He then explained the state administration system where the executive is the president (singular) who, in carrying out his obligations, authorities, and duties, is assisted by the vice president and state ministers. The vice president and ministers are assistants to the president. In other words, the relationship between the president and the vice president and the ministers is not collegial. One of the consequences is that the president is in charge.
However, he added, after the amendment to the 1945 Constitution in 1999-2002, the president’s legislative power was reduced. There are restrictions on the term of office of the president and they can be impeached. The president cannot freeze or dissolve the House of Representatives (DPR), and their prerogative rights are reduced.
Citizens’ Constitutional Rights
Judhariksawan in his presentation explained constitutional rights as a set rights of citizens that are agreed upon, regulated, and guaranteed to be fulfilled based on the Constitution.
He also revealed constitutional rights in the 1945 Constitution, which include the state’s responsibilities, the citizens’ rights, and human rights. The states is responsible for protecting the entire nation, promoting general welfare, educating the nation, participate in carrying out world order, and realizing social justice for all Indonesian people as stated in the fourth paragraph of the Preamble to the 1945 Constitution. Meanwhile, citizens’ rights, Judhariksawan said, are enshrined in Article 27 of the 1945 Constitution, where all citizens are equal before the law and in government and are obliged to uphold the law and government with no exceptions. In addition, every citizen has the right to work and a decent living for humanity.
Human rights, he explained, are a set of rights inherent in humans as God’s creatures and are His gift that must be respected, upheld, and protected by the state, law, government, and everyone for the sake of honor and protection of human dignity. This is enshrined in Law No. 39 of 1999 on Human Rights.
Also read: Secretary-General: Policy Analysis Should Not Be Restricted by Technical Regulations
President’s Terms of Office
Fajar Laksono in his presentation explained the limit to the president’s terms of office. Article 7 of the 1945 Constitution before the amendment stated that the president held office for 5 years and could be re-elected. As a result, President Soeharto was elected many times. In contrast, after the amendment, the president may only serve two terms.
“[Former President Soeharto] was not wrong, but the Constitution allowed him to be elected multiple times. He served for 32 years,” Fajar said.
Fajar also explained that freedom of association and assembly is regulated in the 1945 Constitution. He emphasized that before this provision was made, there was no freedom of association and assembly for citizens, as a result of a multi-interpretive article.
Writer : Nano Tresna Arfana
Editor : Nur R.
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 6/27/2022 08:23 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, June 22, 2022 | 09:22 WIB 203