Constitutional Justice Manahan M. P. Sitompul delivering a public lecture at the Law Faculty of Artha Wacana Christian University (UKAW), Kupang, East Nusa Tenggara, Friday (9/23/2022). Photo by MKRI.

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Friday, September 23, 2022 | 18:30 WIB

KUPANG (MKRI)—Economic recovery during a pandemic is guaranteed in Article 28H paragraph (1) of the 1945 Constitution, which states that everyone has the right to obtain a good and healthy environment and health services, Constitutional Justice Manahan M. P. Sitompul emphasized in his public lecture at the Law Faculty of Artha Wacana Christian University (UKAW), Kupang, East Nusa Tenggara on Friday, September 23, 2022. A hundred freshmen and students of extension classes followed the lecture at the Alfa building of UKAW. The university’s rector, dean, and law students were in attendance.

Rector Ayub U. I. Meko said the lecture was a valuable opportunity for the students to discuss with a constitutional justice who adjudicates and rules constitutional cases. “This is a moment that must be put to good use by students to get actual information on the development of constitutional law in the country,” he said. Dean of the Law Faculty Melkianus Ndaomanu welcomed Justice Manahan to one of the leading universities in Kupang.

In his presentation, Justice Manahan explained the Constitutional Court’s position in the post-amendment constitutional system and the role of its decisions, which contributed to promoting economic recovery amid the pandemic based on law and the Constitution. “So, the Constitutional Court examines and decides on the review of laws and [government regulations in lieu of laws]. During this pandemic, many people object to the issuance of law or government regulation in lieu of law on COVID-19, which they consider not in line with the Constitution,” he said.

The constitutional measure for the community is judicial review of laws to the Constitutional Court. “Both the government regulation in lieu of law and the law on COVID-19 were also petitioned in the Constitutional Court formally and materially and finally the Court ruled on these cases,” he said.

State’s Role in Economic Recovery

Justice Manahan talked about the state’s role amid the COVID-19 pandemic by explaining the constitutional provision on the state of emergency or danger. “It is important to pay close attention to Article 12 of the 1945 Constitution, which reads ‘The President shall declare a state of danger. The terms and consequences of state of danger shall be stipulated by virtue of law.’  This article gave birth to the emergency constitutional law, he said. Apart from that, Article 22 of the 1945 Constitution, which reads ‘In urgency, the President shall be entitled to stipulate a government regulation in lieu of law.’ This article is the basis for the birth of a government regulation in lieu of law (perppu),” he added.

He said the actions taken by the president as head of government are intended to protect the public interest and inform how the government works during an emergency situation.

“So, all of these policies require large funds and wider and immediate policy-making steps, especially the procurement of medical equipment and medical personnel, construction/repair of health facilities, medical support, exploration of sources of financing, relaxation of state revenues both tax and non-tax, refocusing and reallocating the state budget. This is the state’s role according to the mandate of the Constitution,” he said.

Prevent Bankruptcy in Difficult Times

Justice Manahan further explained the dynamics of national economic recovery and efforts to anticipate bankruptcy for state-owned companies. “So, the national economic recovery program is a government step to protect, maintain, and improve the economic capacity of business actors from the real sector and the financial sector during the COVID-19 pandemic,” he said.

The recovery program for SOEs during the COVID-19 pandemic was also carried out with state capital, government investment, and guarantee activities with schemes determined by the government. “Things such as state capital participation in SOEs are important for SOEs that have been affected by the COVID-19 pandemic,” he added.

Justice Manahan also talked about how the state prioritizes to protect the people’s livelihoods and SOEs that have a systemic impact on the financial sector. “So, government support is prioritized for strategic SOEs that are heavily affected by COVID-19 by taking into account prudence, good governance, and macro policies. Support is not only from the additional state budget, the national economic recovery program is given to strategic SOEs for public services including through state capital participation,” he said.

Justice Manahan believes those things are important steps to prevent bankruptcy, which in the end would harm the citizens’ constitutional rights. “Companies that are declared bankrupt will have a negative multi-effect on the national economy, as a result of companies closing, workers losing jobs and stakeholders of large companies as part of the national economy would no longer drive the wheels of the national economy and even the global economy. Rescuing these companies serves to maintaining the balance and unity of the national economy as stipulated in Article 33 paragraph (4) of the 1945 Constitution,” he concluded.

Writer        : M. Mahrus Ali
Editor        : Lulu Anjarsari P.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 11/16/2022 09:31 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.

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