Constitutional Justice Arief Hidayat giving a public lecture at the Law Faculty of the University of Medan Area, Saturday (7/16/2022). Photo by Humas MK/Dhini.
Saturday, July 16, 2022 | 15:35 WIB
JAKARTA, Public Relations—Indonesia is neither a secular nor an Islamic state, but upholds religious values that its citizens believe in. This is enshrined in the first precept of its Pancasila ideology: belief in One Supreme God. Indonesia interprets it as a glue for its diversity, said Constitutional Justice Arief Hidayat at a collaborative public lecture on “Pancasila to Anticipate Post-Truth in Digital Era” between the Constitutional Court (MK) and the Law Faculty of the University of Medan Area (UMA) on Saturday, July 16, 2022 at a conference room in the rectorate building of Campus 1 of UMA.
Deputy Rectors for Innovation and Student Affairs Rizkan Zulyadi and Nanang Tomi Sitorus; Law Faculty Dean M. Citra Ramadhan; and Law Faculty Deputy Dean for Education, Research, and Community Anggreni Atmei Lubis; and UMA alumni were in attendance.
Justice Arief drew connection between the importance of instilling Pancasila in the digital era and reflecting on the history of the establishment of the nation by the nation’s founders. He observed that the founders’ effort to form the ideology of the nation is reflected in the Preamble to the 1945 Constitution. It is important for young generation, he said, to understand the minutes of the formulation of the 1945 Constitution in order to understand the importance of prioritizing deliberation as well as national unity.
“Let’s observe and feel the spirit of the nation’s founders in carrying out the administration through the formation of the nation’s ideology. In this digital era, especially UMA law students should observe the state goals within the Constitution. Participate realizing world order based on freedom and eternal peace to expand [your] perspective in interpreting the meaning of the nation’s ideological values as the guidelines to the life of the nation and state,” he said alongside Head of the Public Relations and National Affairs Department Fajar Laksono.
Justice Based on Faith in God
At the lecture, Justice Arief also talked about the Preamble to the 1945 Constitution, especially the third paragraph. Indonesia’s independence was thanks to the grace of the Almighty God and motivated by the founders’ spirit to build the state goals, vision, and mission. Therefore, Pancasila ideology was made the foundation to all aspects of the life of the nation—legal, social, cultural, political, and economic.
He stresses that Pancasila values are the basis in formulating and enforcing the law, including in the Constitutional Court. This is evident in the first words in the Constitutional Court’s decisions “For Justice Based on the One and Only God, the Constitutional Court of the Republic of Indonesia adjudicating constitutional cases in the first and final instance, passes a decision for the case….” Therefore, constitutional justices are not allowed to play with the law because the Court is accountable to the One and Only God.
Social Media Tips
Justice Arief also encouraged the young generation to imbue social media, which control the lives of many, with unity, justice, and Pancasila values so that it can be used to promote welfare and advancement of the nation and the state.
“Check and recheck all information you receive. Check the sources of the information you find on social media. Do not spread hoaxes and damaging things,” he said.
In the Q&A session, Dharma Putra Nasution asked about the principle of ius curia novit, which means that the justices are viewed as familiar with all law, so that they cannot refuse to examine and adjudicate cases lodged to them, including regarding their own institution (in this case the Constitutional Court reviewing and ruling on cases on the Constitutional Court Law).
Justice Arief revealed a case on the Constitutional Court Law that the Court ruled on a while ago. He explained that if the justices had not adjudicated on the Law, it would have posed a question. He recommended that Nasution read the Court’s decision on said Law.
“[The decision] shows the opinions of the justices, which can be analyzed by [you] and law students for further studies in various conditions. This is the first time the Court and the justices offered opinions on a norm regarding themselves. It is interesting to study by students hear, in order to understand it and to find out the legal formulation that the Court’s statesmen made,” he answered.
Writer : Sri Pujianti
Editor : Nur R.
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 7/27/2022 15:13 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.
Saturday, July 16, 2022 | 15:35 WIB 491