Discussing the topic of “MK’s Role and Challenges in Achieving Democratic Political and Legal System,” the Vice-Chairman of MK, Prof. Aswanto, and MK Judge, Prof. Sardi Isra, who attended the lecture as speakers, encouraged FISIP UNS students to understand the design of Indonesian constitution. Although constitutional law falls under a common discussion topic for the Faculty of Law (FH), it is also essential for students in FISIP and other faculties to master the basic knowledge because the judicial process in MK often involves multidisciplinary consideration. The comprehension regarding the topic for FISIP students is also encouraged so that students understand the separation of power, function, and duty of each state institution as regulated in the 1945 Constitution (UUD 1945)

“Students in each program need to fully understand how the constitution works in a country. Constitutions provide a minimalistic exhibit of a country. Read the constitution, what is the form of the state, the form of the government, the relationship between state institutions, and the relationship between the state and its citizens,” Prof. Sardi Isra stated.

Prof. Sardi Isra also stated that constitutional discussion is not limited to the legal system but also the political system. He explained that the state constitution would directly cause friction with the political interest requiring the check and balance principle in balancing the law and power.

“Therefore, it needs to be anticipated by designing different institutions that could prevent certain institutions from taking actions against the constitution,” he added.

Considering this urgency, MK is included as a new state institution two years after the reformation through UUD 1945 amendment performed by MPR. This establishment is the adoption of the Constitutional Court concept that put MK as one of judiciary power in 2001. The inclusion of MK into the Indonesian state structure is regulated in Article 24 paragraph (2), paragraph 24C, and paragraph 7B of UUD 1945 after the third amendment stipulated on 9 November 2001.

“One of the considerations to establish Constitutional Court is frequent development or developed laws are substantially not in line with the norms or content of UUD,” Prof. Aswanto stated.

To the FISIP UNS students attending the general lecture, Prof. Aswanto stated that MK role in the reformation era is increasingly important to balance the executive and legislative powers. In his opinion, these two powers should not dominate to attack one another because it will affect the political condition negatively. For example, the President and vice president’s impeachment before the reformation is regulated in the UUD 1945. However, he thinks that impeachment should be based on constitutional law instead of a purely political agenda.

“If there is a disagreement between the DPR and the President, many presidents could be impeached in the mid of their office. That’s why we need an institution that could assess if what is decided by DPR, is the President really commit a violation,” he added.

MK is also vital to ensure that there are no laws (UU) developed with content that contradict UUD 1945. Recently, MK ruled that UU Number 11 of 2020 regarding Cipta Kerja as conditionally unconstitutional. In their ruling, MK mentioned UU Cipta Kerja’s development process did not follow the definite and standard method and means and did not follow the systematic formation process for a law. There were also corrections of writing on the content of the law after the agreed meeting between DPR and the President.

“If the solution is handed to the creator of the UU, usually they will keep it although there are mistakes. That’s why we need an institution that could assess if the prepared UU is in line with the UUD 20145,” Prof. Aswanto concluded. Humas UNS

Reporter: Y.C.A. Sanjaya
Editor: Dwi Hastuti

The post Hosting General Lecture, MK Judges Encouraged FISIP UNS Students Understand the Constitutional Design appeared first on Universitas Sebelas Maret.

He delivered the message in the Guest Lecture “The Role and Challenges for MK in Achieving Democratic Law and Politics” held online and offline from FH UNS Hall and through the Zoom Cloud Meeting, Friday (3/12/2021).

“I reminded the Law students, never make law your commodity when you work as an advocate, notary, and other careers in the future. Do not put law practice on sale!” Prof. Arief stated.

Prof. Arief shared the reminder because, he explained, the legal system in Indonesia has its source on the God Almighty that is in line with the theocracy theory applied by Indonesia. The theory promoted by Thomas Aquino and Agustinus bases its legal system on God’s sovereignty. Meaning that fundamentally, a theocracy state belief that a country was established because of God, and therefore, their government must be run, and the law is developed by upholding God.

According to Prof. Arief, proof that Indonesia is a theocracy state can be observed in the Preamble to the 1945 Constitution that written: “By the grace of God Almighty…..”

Recognition of God is also written in the Preamble of every Law and MK ruling read in the proceeding. Prof. Arief believed that the recognition of God in the Preamble of the 1945 Constitution makes Indonesia be a liberated country and survive with its diversity to this day.

“Thus, the source of law in Indonesia is not secular. The desire of the Indonesian people to be free and establish a country was achieved with the Grace of God Almighty. This is a religious nation so that I stated, the source of power in Indonesia is from the theocracy theory,” he added.

He gave an example of his time serving as the Chairman of MK in 2015-2017. Prof. Arief admitted that every time they read MK rulings in proceeding with the other eight MK judges, they also asked for forgiveness from God if their rulings had any shortcomings.

“My personal experience and Chairman of MK, when reading the ruling, in my heart, because I am a Muslim, always asked for forgiveness and apologized if the nine judges in MK in deciding, make a mistake,” he concluded. Humas UNS

Reporter: Y.C.A. Sanjaya
Editor: Dwi Hastuti

The post MK Judge in FH UNS Guest Lecture: Never Put Law for Sale appeared first on Universitas Sebelas Maret.