Justice Daniel Yusmic P. Foekh taking photos with participants of Leadership Training IX of HIKMAHBUDHI at the Pancasila and Constitution Education Center, Saturday (10/11/2025). Photo by MKRI/Wengky.

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BOGOR (MKRI) — Constitutional Justice Daniel Yusmic P. Foekh stated that in addition to applying the provisions enshrined in the 1945 Constitution, the Constitutional Court (MK) also considers the values of Pancasila as the basis for judicial review. He conveyed this during the Leadership Training IX for the Indonesian Buddhist Students Association (HIKMAHBUDHI) on Saturday, October 11, 2025 at the Constitutional Court’s Pancasila and Constitution Education Center (Pusdik MK) in Cisarua, Bogor.

“A number of Constitutional Court decisions are based not only on the provisions of the 1945 Constitution but also on the values of Pancasila,” said Justice Foekh.

He stated that, in addition to serving as guardian of the Constitution, the Court also acts as guardian of the state ideology (Pancasila). As the state ideology, Pancasila represents the manifestation of values upheld by Indonesian society.

These values form the Indonesian people’s “way of life” in their daily lives. They constitute the causa materialis of Pancasila, which was born out of and reflect the true character of the nation.

Justice Foekh mentioned several Court decisions that also took Pancasila values into account. One example is Decision No. 82/PUU-XVI/2018, in which the petitioners questioned various laws and regulations deemed inconsistent with Pancasila because Pancasila was not explicitly placed at the highest level of the legislative hierarchy.

Regarding this matter, the Court emphasized that its role as a constitutional judiciary is not limited to reviewing the conformity of laws with the articles of the Constitution but also to assessing whether the norms are consistent with the values of Pancasila. When examining a petition for judicial review, the Constitutional Court not only considers the relevant constitutional provisions but also the foundational principles embodied in Pancasila.

Other Constitutional Court rulings that rely not only on constitutional provisions but also on Pancasila values include that of the judicial review of Law No. 4 of 2009 on Mineral and Coal Mining, Law No. 22 of 2001 on Oil and Gas, and Law No. 13 of 2003 on Manpower.

In addition, in Decision No. 59/PUU-XIII/2015, the petitioners expressed concern over the absence of a formal affirmation that Pancasila is the state foundation. In response, the Constitutional Court emphasized that such concern is unwarranted.

This is explained, among others, in Article II of the Transitional Provisions of the 1945 Constitution, which states: “With the enactment of the amendment to this Constitution, the Constitution of the Republic of Indonesia of 1945 consists of the Preamble and the articles.” Furthermore, the Preamble, particularly its fourth paragraph, substantively contains Pancasila as the foundation of the state. Therefore, Pancasila is an inseparable part of the Preamble to the 1945 Constitution.

Author       : Mimi Kartika
Editor        : N. Rosi
Translator  : Aski V. Rumere/YW (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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