Constitutional Justice Daniel Yusmic P. Foekh delivering a presentation at a national symposium organized by the Association of Atma Jaya Yogyakarta University’s Law Faculty Alumni, Saturday (7/8/2023). Photo by Humas MK/Bayu W.

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YOGYAKARTA (MKRI) — Constitutional Justice Daniel Yusmic P. Foekh delivered a presentation on “Upholding the Constitution and Democracy in Strengthening the Legal System in Indonesia Towards Golden Indonesia 2045” at a national symposium on “Legal Development and the Challenges of Global Dynamics Towards Golden Indonesia 2045,” organized by the Association of Atma Jaya Yogyakarta University’s Law Faculty Alumni on Saturday, July 8, 2023 at the university’s hall in Yogyakarta. The symposium was opened by rector G. Sri Nurhartanto.

In his presentation, Justice Foekh explained that legal development can be interpreted as the consequence of the dynamics of governance, technology, and globalization as well as the development of community life that affects the social life of the nation. “National legal development must be part of the national development planning system (Law No. 25 of 2004, which is regulated in Law No. 17 of 2007 on the National Long-Term Development Plan of 2005-2025),” he said.

He also talked about the implications of changes to the Constitution and the legal development design. The amendment to the 1945 Constitution in 1999-2002 had an impact the structure, system, and design of the state administration from parliamentary supremacy to constitutional supremacy.

“Article 1 paragraph (2) of the 1945 Constitution [led to] direct presidential elections, Article 22E paragraph (1) of the 1945 Constitution [led to change] from [State Policy Guidelines (GBHN)] to [National Development Planning System (SPPN)], the [People’s Consultative Assembly (MPR)] not authorized to establish GBHN, as well as the establishment of the Constitutional Court in accordance with Article 24C paragraph (1) of the 1945 Constitution,” he said.

Justice Foekh also mentioned the existing design of the direction of national legal development. He said the current problem is the absence of a guarantee of the sustainability of national development initiated by the previous president, and that the SPPN model development planning only rests in the hands of the executive, thus eliminating the spirit of mutual cooperation.

During the Q&A session, a participant asked about the House’s legislative authority and if it was possible to establish a special legislative body. Answering the question, Justice Foekh emphasized that so far there was no special legislative body, but that thinking about how to improve the quality of lawmaking was necessary.

“Don’t think that all members of the House will make laws. Because of the diversity of the members, don’t demand ideal laws. What is needed, for example, is expert staff who are given support. Unfortunately, because of that, the technical ability in the field of legislation is still low, [despite] experts having to have technical expertise in lawmaking,” he concluded.

Author       : Bayu Wicaksono
Editor        : Lulu Anjarsari P.
Translator  : Yuniar Widiastuti (NL)

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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