An expert summoned by the Court, Andi Achdian delivering his testimony during the continued material judicial review hearing of Article 16 letter a of Law No. 9 of 2010 on Protocol, Tuesday (3/12). Photo by MKRI/Bayu.

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Jakarta (MKRI) – The Constitutional Court held another hearing on the material judicial review of Article 16 letter a of Law No. 9 of 2010 on Protocol against the 1945 Constitution of the Republic of Indonesia on Tuesday, December 3, 2024, at the Plenary Courtroom. Pranoto and Dwi Agung filed Case No. 66/PUU-XXII/2024.

The agenda was to hear testimony from an expert summoned by the Court, Andi Achdian, a historian focusing on the history of colonialism and the anti-colonial movement in Indonesia. In the hearing led by Justice Suhartoyo, Andi explained that the Indonesia Independence Proclamation on August 17, 1945, was a monumental event that strengthened the national identity.

According to Andi, the proclamation was not merely an independence declaration but also a symbol of national identity establishment, which preceded the establishment of the state. The opening sentence of the proclamation, “We are the Indonesian nation hereby declare the independence of Indonesia,” contains a meaningful concept regarding a collective consciousness as a nation.

He explained that the proclamation's idea of “a nation” reflected the concept of an “imagined political community,” as revealed by Benedict Anderson. The Proclamation reiterated that Indonesia is an entity born out of the colonized collective experience, with the Youth Pledge 1928 serving as the early milestone of national consciousness.

Andi stated that one important point that separated the Indonesian Independence Proclamation from other countries was that national consciousness preceded the establishment of the state. In the Proclamation text, Soekarno and Hatta firmly use the phrase “We the Indonesian nation” as the subject who proclaimed independence instead of “We the Indonesian state.” The statement showed that the Indonesian nation had been established as a collective entity before the state.

On the other hand, as Wallerstein mentioned, in many cases in Europe, establishing a state precedes the nation. For example, in establishing France or the United Kingdom as a nation-state, the identity as a nation emerged after the state was established. However, in Indonesia, the process was backward. The consciousness as a nation emerged from collective experiences against colonialism, as a tool for struggle, and, ultimately, in making a state a political manifestation out of the national consciousness.

Andi stated that in the globalized era, the concept of a nation is often deemed obsolete or becoming a challenge in the context of free trade and global mobilization. However, history shows that the nation is relevant as a tool to build solidarity amid global challenges. In this case, the opening sentence of the Proclamation, “We the Indonesian nation,” serves as a reminder that collective identity is important not only to combat colonialism but also to face cultural and economic hegemony challenges in the modern era.

He also emphasized that a nation is a dynamic idea in the Indonesian Independence Proclamation, which is not only a political declaration but also an ideological statement on the importance of a nation as the basis of state-making. The concept of a nation endorsed in the Proclamation gave a strong basis for the nation-building effort despite facing many challenges in its implementation. As revealed by this study, the idea of a nation in the context of Indonesia is dynamic. It keeps evolving along with social, political, and economic changes but remains irreplaceable in building solidarity and collective identity. With that spirit, the phrase “We, the Indonesian nation,” still becomes a relevant inspiration to face the challenges of the times.

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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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