Constitutional Justice Manahan M. P. Sitompul (center) speaking at a constitution discourse, Friday (2/17/2023) in Mekar Sari Village, West Kalimantan Province. Photo by MKRI/Hendy.
Friday, February 17, 2023 | 15:18 WIB
JAKARTA (MKRI) — The Constitutional Court (MK) and constitution village Mekar Sari held a constitutional discourse on “The Implementation of Pancasila Values in Upholding the Constitution” on Friday, February 17, 2023. Constitutional Justice Manahan M. P. Sitompul spoke at the event alongside Law Faculty Dean of the University Tanjungpura Syarif Hasyim Azizurrahman.
In his presentation, which echoed the theme of the event, Justice Manahan mentioned that the goals of the state and nation are enshrined in the fourth paragraph of the Preamble to the 1945 Constitution. It mentions the guidelines to achieve the state goals of Pancasila. To be more specific, he continued, how the state can be observed from the implementation of the first precept, “Belief in the One and Only God.” Indonesia, with its state apparatuses, provides houses of worship and guarantees freedom to embrace beliefs/religions. The implementation of Pancasila in national life is also characterized by democracy based on the rule of law. As an illustration, protesting in the streets is allowed but there are rules to follow.
“Protesters must notify [the authorities] of their agenda, conduct their activity in an orderly manner, and respect the rights of others. Don’t let the protest to express aspirations become excessive democracy because it will lead to chaos, so democracy must be balanced. There are ethics and legal rules that we need to pay attention to,” Justice Manahan to the Mekar Sari community.
Manahan linked the implementation of Pancasila values to the Constitutional Court as the guardian of Indonesia’s ideology Pancasila. To ensure that the state’s law, which is derived from Pancasila and the 1945 Constitution, runs smoothly, a post-reformative judicial institution called the Constitutional Court was established. It is authorized to carry out judicial review, using the Preamble to the 1945 Constitution, which contains Pancasila, and its articles as touchstones.
State Foundation and Source of Values
Furthermore, Justice Manahan revealed the Court had taken a progressive step through Decision No. 100/PUU-XI/2013 on the judicial review of Law No. 2 of 2011 on the Amendment to Law No. 2 of 2008 on Political Parties regarding the implementation of Pancasila values. In that decision, it invalidated four pillars containing Pancasila, the 1945 Constitution, the Unitary State of the Republic of Indonesia (NKRI), and Bhinneka Tunggal Ika. In essence, it affirmed that Pancasila could not be equated with the 1945 Constitution, NKRI, and Bhinneka Tunggal Ika. Pancasila is the foundation of the state and the source of values for the other three principles.
“This is a wise step for the Constitutional Court because it has followed the correct constitutional path, where the it strives to realize the aspirations of a constitutional and democratic nation for the sake of its dignity. The decision is a wise choice and a significant step forward in the field of law, particularly in the legal system that places Pancasila as the foundation of the state,” Justice Manahan explained before University of Tanjungpura Rector Garuda Wiko.
At the event, the Court also inaugurated a smartboard mini courtroom for remote hearings, through which justice seekers in Mekar Sari Village are expected to be able to access the Court’s hearings more easily and efficiently. In November 2022, the Court affirmed Mekar Sari Village as a constitution village as part of the its efforts to build a role model in upholding the Constitution, starting from the smallest structure of the state, to ensure that the Constitution and state ideology are upheld. Local wisdom and the implementation of constitutional values begin and are sustained by the community in their daily practices. Therefore, to maintain the values of the Constitution in society, it is important that the community to continue practicing them daily.
Author: Sri Pujianti
Editor: Lulu Anjarsari P.
Translator: Azzahra Salsabilla/Yuniar Widiastuti (NL)
Translation uploaded on 3/14/2023 11:28 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.
Friday, February 17, 2023 | 15:18 WIB 95