Taufiqurrahman Syahuri, who is a Law Associate Professor from UPN Veteran Jakarta, delivered his expert testimony during the judicial review hearing of Law Number 9 of 2010 on Protocol (Protocol Law) at the Plenary Courtroom, Monday (4/11). Photo by MKRI/Panji.

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Jakarta, MKRI – The Constitutional Court continued to hold a material judicial hearing of Article 16 letter a of Law Number 9 of 2010 on Protocol (Protocol Law) against the 1945 Constitution of the Republic of Indonesia on Monday, November 11, 2024, at the Plenary Courtroom. Pranoto dan Dwi Agung filed Case Number 66-PUU-XXII/2024. The hearing agenda was to hear the testimony of two experts brought by the Petitioners, Taufiqurrohman Syahuri and Nazadurin, as well as two witnesses, Haryo Soemantri and Joko Herwanto.

Taufiqurrahman, an Associate Professor of Constitutional Law at UPN Veteran Jakarta, said that the word “Republic” in the subordinate clause of “Anniversary of the Proclamation of the Independence of the Republic of Indonesia” (in Law Number 9 of 2009 Article 16 a. 18. and 20) is not in accordance with historical facts.

According to him, if the word “Republic” in the subordinate clause of Protocol Law is attributed to the subordinate clause in the State Symbol Law, namely the word “Nation” in the subordinate clause of “the Proclamation of the Independent of the Nation,” it may cause legal uncertainty. Meanwhile, every person has the right to legal certainty.

“The 1945 Constitution of the Republic of Indonesia Article 28D states that Every person shall have the right of recognition, guarantees, protection and certainty before a just law, and of equal treatment before the law,” he said.

Therefore, Taufiq added that based on Article 28D of the Constitution, the word that does not accord with the fact is “Republic” on the subordinate clause of the sentence “Anniversary of the Independence of the Republic of Indonesia” in Protocol Law. To avoid legal certainty every August 17, the word must be removed or must be interpreted as “Nation.”

In addition, if the word “Republic” is not removed, the constitutional loss of the petitioners and also all of the nations’ children will persist. It is considered that the word “Republic,” as intended in the Protocol Law, is ahistorical and against science.

Another expert, Nazarudin, explained that often, a nation establishes a state to realize common aspirations and goals. However, not all countries consist of one nation (multiethnic countries). Not all countries are republics. There are also countries that are monarchies or other forms of government.

“However, many modern countries today adopt a republican system,” Nazarudin explained.

According to Nazaruddin, the nation is a dynamic concept that continues to evolve along with the changing times. Meanwhile, people are a more static concept related to citizenship status. Thus, although the nation and the people have differences, they are interrelated and influence each other. The nation provides identity and the spirit of unity, while the people are the main component in building and defending a country.

On the same occasion, the Constitutional Court also heard the testimony of two witnesses presented by the Petitioners. Harjo Soemantri explained that he participated with the Indonesian Brotherhood of Love for the Motherland Organization, which is imbued with the Unity of Faith and Humanity.

“At the time of signing the petition ‘Independence of the Indonesian Nation’ on 14 Dhulqodah 1437 (18-08-2016) at the 71st Celebration of the Independence of the Indonesian Nation and the Establishment of the Unitary State of the Republic of Indonesia at the Majma'al Bahrain Shiddiqiyyah Islamic Boarding School on August 18, 2016 which was read by Joko Herwanto, S.Sos (Chairman of the DPW of the East Java Shiddiqiyyah Organization),” he explained.

He said that the first signing was given by the Mursyid Thoriqoh Shiddiqiyyah, followed by the Regent of Jombang, the Chairman of the Jombang Regional House of Representatives, the Chairman of Dhibra Central, the Chairman of DPP Opshid, Deputy Chairman of DPP Orshid, Dra. Fatwahariwati (Chairman of JKPH Central), Secretary General of DPP PCTAI, Forum Kholifah Shiddiqiyyah, and Hartono Tanojo (Confucian Religious Figure).

According to Harjo, the petition contains three proposals to the Central Government of the Republic of Indonesia under the leadership of President Joko Widodo, namely to issue a Presidential Decree (Keppres) on the use of the term Indonesian National Independence in every commemoration of Indonesian Independence on August 17. Then, the Presidential Decree will be disseminated within the government at all levels and in society. In the petition, there is hope that with the issuance of the Presidential Decree, there will be no more mention of the Independence of the Republic of Indonesia.

In addition to the petition, the witness also testified that he participated in the Nationality Seminar with the theme “Returning to the True Self of the Indonesian Nation, Knitting the Peace of the Archipelago” at Wisma Perdamaian, Central Java Province, on Sunday, July 07, 2019 and produced a Recommendation which essentially requested to “Restore the Phrase of Independence of the Republic of Indonesia to the Independence of the Indonesian Nation by the Proclamation Text and Preamble of the 1945 Constitution.

Meanwhile, witness Joko Herwanto recounted that he initiated and attended a Focus Group Discussion in Jombang district on January 10, 2024, with the theme “Restoring the Phrase of Independence of the Republic of Indonesia to the Independence of the Indonesian Nation by the Proclamation Text and Preamble of the 1945 Constitution and the August 19, 1945 establishment of the Unitary State of the Republic of Indonesia”.

The FGD event was attended by elements of the Jombang Regency Government, academics, cultural experts, historians, and community organizations. The agreement was that August 17, 1945, was the independence of Indonesia, and August 18, 1945, was the establishment of the Republic of Indonesia.

Furthermore, the witness initiated and attended a Focus Group Discussion in Pontianak on January 23, 2024, with the theme “Restoring the Phrase of Independence of the Republic of Indonesia to the Independence of the Indonesian Nation, by the Proclamation Text and Preamble of the 1945 Constitution and the August 19, 1945 establishment of the Unitary State of the Republic of Indonesia”. “The FGD event was attended by elements of the West Kalimantan Provincial Government, West Kalimantan Regional Police, academics, cultural experts, historians, and 22 community organizations in Pontianak. The results agreed that August 17, 1945, was the independence of the Indonesian Nation and August 18, 1945, was the establishment of the Republic of Indonesia,” Joko explained.

Also read:

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History Enthusiast Revises Petition on Protocol Law

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Judicial Review Hearing of Protocol Law Postponed Again

Govt Explains the Meaning of “Republic of Indonesia” in Protocol Law

Late Document Submission, Expert Testimony Hearing of Protocol Law Review Postponed

The Court held a preliminary judicial review hearing of Article 16 letter a of Law Number 9 of 2010 on Protocol (Protocol Law) against the 1945 Constitution on Monday, July 22, 2024. Petitioners felt harmed due to discrepancies between phrases in the Protocol Law and existing facts. “The Protocol Law stated that August 17, 1945, was Indonesia's independence day. Meanwhile, based on history, August 17, 1945, was the independence day or the birth of the Indonesian Nation; if one must mention the Independence of the state of Indonesia, it should be on August 18, 1945. From there, during flag ceremonies, the mention of August 17, 1945, as Indonesia’s Independence Day disadvantaged petitioners,” Singgih explained as petitioners’ legal counsel.

Petitioners also emphasized that the error was also reflected in the Government Circular Letter regarding the Commemoration of the Anniversary of the Republic of Indonesia on August 17. By changing the phrase “The Independence of the Republic of Indonesia” to “The Independence of the Indonesian Nations” in Article 16 letter a, Article 18, and Article 20 of Protocol Law, Petitioners hope that their constitutional rights and duties can be fully fulfilled, so that the national education system can function as intended. The government can be more careful in issuing circular letters commemorating national holidays.

For that reason, on the petitum, the petitioners ask the Court to accept and grant the Petitioners’ petition in its entirety to declare Article 16 letter a, Article 18, and Article 20 of Protocol Law so far as the phrase “the Independence of the Republic of Indonesia” contradicts the 1945 Constitution and has no legally binding power.

Author: Utami Argawati.

Editor: N. Rosi

PR: Fauzan F.

Translator: Rizky Kurnia Chaesario

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 prevails.

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