+62 811 1088 854
Chairman of the Constitutional Court (MK) Mahfud MD reiterated the important role of Pancasila in law enforcement in Indonesia, which should be understood in the context of Indonesia’s cultural diversity through the theory of prismatic society. Thus said in his opening remarks for the Conference on the Constitution and the Constitutional Court Legal Procedure with Christian higher education communities in Gran Melia Hotel on March 25th-27th, 2011. It was a joint conference between the Constitutional Court and Institut Leimena, attended by 178 people from 31 provinces in Indonesia, comprising officials and professors of Christian colleges and graduate schools of theology, and Christian student organizations. This event was funded entirely by the Constitutional Court under their socialization program.
Rev. Kumala Setiabrata (General Treasurer of the Fellowship of Churches in Indonesia) led the opening worship service. In his opening remarks, the Leimena President Jakob Tobing asserted that after the four-stage amendment (1999-2002), “the soul and spirit of the 1945 Constitution remains the same, because the Preamble to the 1945 Constitution which contains the Pancasila and the purpose of our state has been maintained.” The amendment actually has aligned the content of the Constitution to the values inside the Constitution’s Preamble. However, this amendment would be futile if the people did not actively learn and apply the Constitutional principles. Therefore, the socialization efforts by the Constitutional Court should be appreciated and supported by society at large. After that, the Constitutional Court Vice Chairman Achmad Sodiki, talking about “Progressive Law and Substantive Justice”, cautioned that “the law is for man and not vice versa. The law was not made for himself but for something broader, that is, human dignity, happiness, prosperity and noble humanity.” Then, the Constitutional Court Judge Harjono explain the state system after the amendment of the Constitution, for example, popular sovereignty is no longer “implemented entirely by the People’s Consultative Assembly (MPR).”
The next day, as former Chairman of the MPR’s Constitutional Amendment Committee (1999-2004), Jakob Tobing described how the amendment was an attempt to strengthen the basis and philosophy of the Unitary State of the Republic of Indonesia. The following three sessions discussed the authority of the Constitutional Court in dissolving political parties (by constitutional law expert Dr. Ali Safa’at), in judicial review (by former Constitutional Court Judge Maruarar Siahaan), and in adjudicating disputes within state authorities and the impeachment of President (by the Constitutional Court Judge Hamdan Zoelva). In the evening session, Maruarar Siahaan invited participants to think of their participation in combating corruption. Institut Leimena also introduced the “Citizen Discussion” program as a form of follow-up that could be done by the participants to further study and promote the Constitution in their own communities.
The Constitutional Court also has the authority to settle disputes in general elections, which was explained by the Constitutional Court Judge Akil Mochtar on the last day of this colloquium. Then in the last session, the Court’s General Secretary Janedjri M. Gaffar emphasized the Court’s commitment to reach out to the public and to achieve “Court Excellence”. In his closing remarks, Leimena Executive Director Matius Ho encouraged all participants to support the Court’s commitment by promoting the Constitution in their respective communities. The conference was officially closed by the Court’s General Secretary Janedjri M. Gaffar. Then, Rev. Nus Reimas (Chairman of the Fellowship of Evangelical Churches and Institutions in Indonesia) gave a reflection in the closing worship service.