Legal Changes Follow Social Dynamics
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Chief Justice Anwar Usman speaking at the signing of an MoU between the Constitutional Court and Sultan Agung Islamic University Semarang, Monday (9/12/2022). Photo by MKRI/Hendy.


Monday, September 12, 2022 | 17:33 WIB

(MKRI) — Chief Justice of the Constitutional Court (MK) Anwar Usman witnessed the signing of a memorandum of understanding between the Constitutional Court (MK) and Sultan Agung Islamic University (Unissula) Semarang on Monday, September 12, 2022. The MoU was signed by Unissula rector Gunarto and Secretary-General M. Guntur Hamzah on site. The MoU is aimed at improving the understanding of the citizens’ constitutional rights and the quality of higher legal education.

In his speech, Gunarto hoped that this collaboration in training would be beneficial for Unissula students, who should have the knowledge and skills in reviewing all laws that are against the Constitution.

“With training, hopefully we can participate in the legal products created by the executive and the legislatures that are maintained with constitutional values so that we feel students and lecturers of the Law Faculty can contribute to laws that are in harmony or not contradictory to the Constitution. I hope this good collaboration also applies in the education sector,” he said. 

Legal Reform

The MoU signing was followed by a public lecture on “Legal Reform: Efforts to Realize Pancasila Values.” Chief Justice Anwar Usman delivered a keynote speech, while Secretary-General M. Guntur Hamzah, Unnisula’s head of legal doctoral program Anis Mashdurohatun, and Unnisula law lecturer Winanto also delivered presentations.

The chief justice said not a single Pancasila value contradicts Islamic religious values. he quoted the first precept to the fifth. The first precept (belief in One Supreme God), he said, is in line with surah Al-Ikhlas verse 1 Qul huwa Allâhu ahad (“Say (Muhammad), ‘He is Allah, the One and Only.’”)

“Many other verses of the Qur’an are certainly not contradictory, even in line with, the first and second precepts—just and civilized humanity,” he said.

He asserted that Pancasila values are not just a state philosophy separate from the Constitution. Instead, Pancasila values are enshrined in the articles within the 1945 Constitution.

Post-reform amendments to the 1945 Constitution are the right momentums for major reforms and changes in order to realize the nation’s ideals as mandated by the 1945 Constitution. However, the law did not change immediately after the amendments. Thus, the next step was legal reform. As American legal historian Lawrence M. Friedman said, three things must be considered for legal reform three elements of legal system: legal structure, legal substance, and legal culture. The three elements of the legal system are known as the.

Roman philosopher Marcus Tullius Cicero said ubi societas ibi ius (“Wherever there is society, there is law”). Law changes and develop along with developments in society. Therefore, the Constitution must not be understood merely textually but as a living document that continues to develop following changes in society.

“Efforts to reform the law are urgently needed and it is the duty of all of us without exception, especially the academia, and Unissula is a part of the academia,” he added.

Justice Anwar explained the Constitutional Court’s four authorities and one obligation, as enshrined in Article 24C paragraph (1) of the 1945 Constitution. The Constitutional Court can declare the constitutionality of laws that have been made by the president and the House.

“So, the Constitutional Court pulls a heavy duty to safeguard the Constitution. Of course, it can't possibly do this alone. It then cooperates with several parties, including and especially universities. The Court will carry out activities in collaboration, including with the Sultan Agung Islamic University,” said Anwar.

Making Indonesia 4.0

Secretary-General M. Guntur Hamzah said in his lecture that as a nation and state, we must have a futuristic vision, and even direction for national policy.

“So, the direction of the national policy called Making Indonesia 4.0 is a challenge in itself. People have talked about Society 4.0, but the context is different. The most important thing is that we as a nation or country that want to progress cannot only rely on natural resources and strategic geographical location. If we don’t make an effort or make an effort together, it will only be a dream,” he said.

In the past, he said, Indonesia was always framed as a country with abundant natural resources and energy in the form of oil and natural gas, but it will run out. Now we are no longer an oil-exporting country but an oil-importing one. Even though we produce oil, it does not meet our country’s needs.

“The non-renewable natural resources will certainly run out,” he added.

Guntur explained that the emphasis in Making Indonesia 4.0 is efficient and effective work as well as clean and integrated work. Everything can be integrated like a spider’s web. Next is building and strengthening the skillset, which is related to the importance of using information and communications technology (ICT).

“ICT must not be interpreted only as information, communication and technology, but also integrity, cleanliness, and trustworthiness. We have to have integrity. Our intention must be clean. If we have both, we will be trustworthy,” he said.

Writer        : Utami Argawati
Editor        : Nur R.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 12/27/2022 14:07 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.


Monday, September 12, 2022 | 17:33 WIB 115