Every August 18, this nation commemorates Constitution Day to mark the ratification of the 1945 Constitution. The commemoration of Constitution Day was first held in 2008.
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KOMPAS EDITOR
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Kompas/Wawan H Prabowo
Vice President Ma\'ruf Amin gave a virtual speech at the 2020 Constitution Day Commemoration which was held at the Nusantara IV building, Parliament Complex, Jakarta, Tuesday (18/8/2020).
Every August 18, this nation commemorates Constitution Day to mark the ratification of the 1945 Constitution. The commemoration of Constitution Day was first held in 2008.
As reported by this daily, in his speech during the commemoration this year, Vice President Ma\'ruf Amin asked all branches of the government, especially the executives, legislature and judiciary, to be more consistent in implementing the spirit of the Constitution. With honesty and good faith, it is necessary for the nation to evaluate whether the Constitution is truly embodied in all state regulations and policies. In the midst of the Covid-19 pandemic, the commemoration of Constitution Day can be a starting point to arouse the enthusiasm of various elements of the nation (Kompas, 19/8/2020).
The Constitution cannot be separated from the Proclamation of Independence because it stipulates the ideals and goals of the Unitary State of the Republic of Indonesia, which is independent, united, sovereign, just and prosperous. Pancasila as the basis of the state is also stipulated in the Preamble of the 1945 Constitution.
In accordance with Law No. 12/2011, which was amended through the issuance of Law No. 15/2019 concerning the formation of legislation, the 1945 Constitution is the highest source of law. The legislation under it, including the People’s Consultative Assembly (MPR) decrees, government laws/regulations in lieu of laws, government regulations, presidential regulations and regional regulations, should be in line with the constitution.
However, until now, the substance of the laws are not all in line with the spirit and morality of the Constitution. Certain laws must be annulled by the Constitutional Court (MK), among others, because they are discriminatory, against human rights (HAM) and freedom of citizens, and are not in line with democratization. There are also regional regulations that are still not in line with the 1945 Constitution. The Constitution gives the Constitutional Court the authority to examine the materials of the laws that are against the 1945 Constitution.
Chief Justice of the Constitutional Court, Anwar Usman, presiding over a hearing request for review of the Law of the Republic of Indonesia Number 19 of 2019 concerning the Corruption Eradication Commission at the Constitutional Court, Jakarta, Tuesday (14/7/2020).
Laws, as well as regional regulations, are political products and results of the executive and legislature agreements. Therefore, there must be political interests or vested interests involved that can influence the laws or regional regulations. On the other hand, it is impossible to make laws or regional regulations without involving politicians, both in the executive and legislative bodies. Personal, group, or political party interests make the quality or the material of legislation even worse.
In 2019, the Constitutional Court received 85 cases of laws for a judicial review, in addition to 37 cases carried forward from 2018. Every year, at least 70 laws are taken to the Constitutional Court for a review because they are deemed inconsistent with the 1945 Constitution. A number of laws have been frequently reviewed by the Constitutional Court. For example, the Law No. 7/2017 concerning elections has been reviewed for up to 18 times. The Election Law involves the vested interests of politicians or political parties.
The nine statesmen who become constitutional judges are human beings and they, therefore, can make mistakes. The constitution can be changed.
Constitution comes from the word constituer in French, which means to form. The constitution is the basis for the formation of the state. Politicians should, therefore, prioritize the constitution and not their interests when making legislation.
