Constitutional Justice Wahiduddin Adams delivering his remarks at the graduation ceremony of the 82nd class of Raden Fatah Islamic State University, Saturday (9/24/2022) in Palembang, South Sumatera. Photo by MKRI.
Saturday, September 24, 2022 | 11:31 WIB
JAKARTA (MKRI)—With the increasingly rapid developments of science and technology, human life also experiences disruptions. Despite achieving efficiency, these developments are often counterproductive and destructive. The amenders of the 1945 Constitution realized this and thus include a meaningful phrase in the amended Constitution: ‘efficiency with justice,’ said Constitutional Justice Wahiduddin Adams on site at the graduation ceremony of the 82nd class of Raden Fatah Islamic State University on Saturday, September 24, 2022 in Palembang, South Sumatera.
“The inclusion of the text (nash) of Article 33 paragraph (4) of the 1945 Constitution is a new momentum for the economic activities of all Indonesian people. It became a new criterion for philosophy, essence, and values that which must always be conditio sine qua non and an important foundation for every economic activity that involves the interests of the entire Indonesian nation,” he explained before the graduates of UIN Raden Patah Palembang.
He believes the phrase ‘efficiency with justice’ in the article was the most moderate choice (wasthiyyah) out of the various economic ideas and ideologies to serve as a compromise during the four-stage amendment to the 1945 Constitution in 1999-2002. “In its development, the phrase ‘efficiency with justice’ has become one of the clear evidences that the 1945 Constitution of the Republic of Indonesia is a written constitution that is adaptive to changing times,” he asserted.
Sharia in Era of Digital Disruptions
Justice Wahiduddin also talked about the importance of sharia in the era of digital disruptions. Sharia is a form of law that transcendentally originates from the words of Allah SWT in the Quran, which is then complemented by the hadith/sunnah of the Prophet Muhammad SAW, and theoretically not only regulates aqidah but also muammalah such as political, economic, social, criminal law, and ethics. Sharia in the true muammalah dimension can also be a guide for humans in responding to digital disruptions towards the realization of a Global Smart Society 5.0.
“Disruption is simply interpreted as a change in a very specific sense. By nature, something is always born, develops, triumphs, fades, until it finally disappears, and (in some cases) reappears in a new form. Theologically, Islam has specific terms and concepts, namely Taghayyur. More specifically, in the field of law, it is known as Taghayyur al-Ahkam. The Quran as the main source of sharia has one of the main functions as a driving force for the birth of various positive changes for the benefit of individuals and the community,” he said.
Godhead Constitution
Justice Wahiduddin explained that the 1945 Constitution is one of the best examples of a constitution with theology, as it mentions ‘God’ many times. He added that lawmaking and court decision-making in Indonesia always recognizes the grace of God, hence the phrase ‘With the Grace of God Almighty’ at the beginning of all legislation in Indonesia.
“Every court hearing is also started with the phrase ‘For the sake of Justice Based on the One Supreme God.’ This shows at least two important things. First, although Indonesia is not a country based on a certain religion, it is based on the belief in the One Supreme God. Second, any legal product that violates God’s teachings must be deemed unconstitutional, including and in particular legal products in economy and/or science and technology,” explained the justice who was born in Palembang.
He also said that when the 1945 Constitution was enacted on August 18, 1945, it did not mention science and technology, let alone digital transformation. However, in its development, the drafters of the amendment explicitly included constitutional norms in Article 31 paragraph (5). In addition, in the second-stage amendment to the 1945 Constitution, the utilization and development science and technology are regulated as human rights guarantee in Article 28C and Article 28F of the 1945 Constitution.
“As such, Indonesia actually has a firm and visionary constitutional basis that the advancement of science and technology is the Government’s task that must be carried out with the main requirement of upholding religious values. After this condition is met and other conditions are fulfilled, the advancement of science and technology must be carried out for the sake of national unity for prioritizing national interests, but at the same time aimed at ‘the advancement of civilization and the welfare of mankind’ so that the state, every citizen, as well as any Indonesian legal entities are not trapped in a chauvinistic nature and attitude. As for the concept of smart society, Islam actually offers the concept of civil society as a social order, which was implemented by Rasulullah Muhammad Saw after the approval of the Medina Charter,” Justice Wahiduddin said.
At the end of his remarks, he emphasized that one of the big challenges for us, especially the graduates of UIN Raden Fatah Palembang, as human beings and citizens of the world in the context of digital transformation to create a smart society 5.0, is to ensure general welfare for world citizens.
Writer : Utami Argawati
Editor : Lulu Anjarsari P.
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 11/16/2022 08:31 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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