Constitutional Court of Indonesia Holds Short Course for Delegates of Foreign Constitutional Courts
13 November 2017

The Constitutional Court of Indonesia (MK) held a short course for delegates of foreign constitutional courts at Hotel Ayana Midplaza, Jakarta, attended by participants from 13 countries—Indonesia, Malaysia, Thailand, Cambodia, Myanmar, South Korea, Mongolia, Afghanistan, Kyrgyzstan, Kazakhstan, Pakistan, Tajikistan, and Azerbaijan. The event was officially opened by Deputy Chief Justice Anwar Usman at the Constitutional Court's Delegation Room on Monday (13/11), attended by Deputy Chief Registrar of the Federal Court of Malaysia Aslam Zainuddin and Head of Public Relations Bureau of the Indonesian Constitutional Court Rubiyo.

In his speech, Anwar stated that the Indonesian founding fathers deeply understood the development of the state of Indonesia that should be based on two things—democracy and law. However, in addition to these two basic things, Indonesia must also have an identity or defining characteristic. As stated in Sukarno's advice, Indonesia should be built on the basis of Indonesian-ism rooted in the nation's cultural values. Thus, since the establishment of Indonesia, the nation's leaders have committed to run the conception of the legal state as stipulated in the Fourth Paragraph of the Preamble of the 1945 Constitution manifested in Article 1 paragraph (3) of the 1945 Constitution.

From the perspective of a state law, Anwar explained, Indonesia in the post-amendment era of the 1945 Constitution neutralized the concept of a state law by incorporating customary law elements adapted to the needs of the people. The concept of the Indonesian legal state, especially written law by the Constitutional Court as a judicial authority, contains the concept of justice in the creation of a new law as set forth in Article 24, article 28D paragraph (1), and Article 28H of the 1945 Constitution. "In essence, state institutions must enforce the law based on justice," Anwar explained.

To that end, the Constitutional Court as a state institution holds the legal system of Indonesia to always coexist with the democratic principles imbued by the ideology of Pancasila. Anwar added that Pancasila is the state foundation and norm in Indonesia so that all existing legal products are intended to realize the ideas in Pancasila.

In the event that will take place on November 13-17, 2017, the participants were directed to conduct discussions in various special themes on the history of Pancasila and its implementation in the Indonesian state system. Through this activity, it is expected that the participants can comprehensively understand the philosophy and values of Pancasila as an ideology that can protect the rights of citizens and human rights in Indonesia. The speakers delivering materials include Constitutional Justice I Dewa Gede Paguna, Former Chief Justice Jimly Asshiddiqqie, Governor of the National Resilience Institute (Lemhanas) Agus Widjojo, and Chairman of Presidential Working Unit on Pancasila Ideological Training Yudi Latif. (Sri Pujianti/LA/Yuniar Widiastuti)