Constitutional Justice Daniel Yusmic P. Foekh with while speaking at a constitution webinar before the academia of the University of Jambi, Friday (8/23/2024). Photo by MKRI.

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JAKARTA (MKRI) — Constitutional Justice Daniel Yusmic P. Foekh spoke in a webinar held in collaboration with the Constitutional Court (MK) and the Faculty of Law, University of Jambi on Friday Friday, August 23, 2024. In the activity themed "Internalization of Constitutional Values ​​as the Key to Golden Indonesia 2045", Daniel invited prospective law graduates to understand the nature of the constitution and its values ​​in the development of national law.

Justice Foekh explained that the constitution is the entire system of state administration of a country in the form of a collection of regulations that form and regulate/govern the government of a country. The goal is to limit the arbitrary actions of the government, to guarantee the rights of the governed, and to formulate the implementation of sovereign power. Thus, a constitution must contain two goals in the form of providing restrictions and supervision of political power and at the same time freeing power from the absolute control of the rulers and determining the limits of power for the rulers.

Speaking of the values ​​of the constitution, Daniel continued, there are three levels, namely normative values, when the constitution as the highest law of a nation is truly obeyed by the rulers and the people purely and consistently. Then there is also a nominal value, namely the constitution is legally valid but in its implementation it cannot be implemented optimally. Furthermore, there is a semantic value, namely when the constitution remains in effect, but is only a formality and is used in exercising political power. In practice, there are deviations, so that the constitution seems not to be implemented.

Furthermore, regarding the constitution in Indonesia, Daniel said that this was inseparable from the implementation of the history of the constitution until the reform era. Since the amendment to the 1945 Constitution which occurred in the period 1999-2002, it also had an impact on changes to the structure, system, and design of the state administration. Including the birth of the Constitutional Court in Indonesia, whose authority is stated in Article 24 Paragraph (2) and Article 24C paragraph (1) of the 1945 Constitution.

In relation to the constitutional values ​​and the existence of the Constitutional Court in Indonesian constitutional law, it is also related to the internalization of the Constitutional Court's decisions in national development documents. That the existence of the Constitutional Court is as a guardian of constitutional values ​​towards national legal development. There are several landmark decisions of the Constitutional Court as enforcement of these constitutional values, including Decisions No. 13/PUU-VI/2008 (), 10/PUU-VI/2008 (), 79/PUU-IX/2011 (), and 14/PUU-XI/2013 (simultaneous election).

"Through the Constitutional Court's Decision that upholds constitutional values, the renewal of adaptive laws as well as the simplification of regulations and strengthening of the prosecution of corruption crimes towards zero corruption can continue to be carried out towards the Golden Indonesia 2045," Justice Foekh said alongside vice rector for academic affairs Hafrida ,  law faculty dean Usman , vice dean for student and alumni affairs A. Zarkasi, head of the constitutional law division Meri Yarni, and constitutional law lecturer Aswari Hepni.

 

Author         : Sri Pujianti
Editor          : Nur R.
Translator    : Sherly Octaviana Sari (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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