A Message from Acting Chair of BPIP for Legal Drafters
Acting Chair of Badan Pembinaan Ideologi Pancasila (Pancasila Ideology Development Agency), Haryono, discussed about the role of Pancasila in the process of forming legislation in Indonesia. One of the questions that can be asked when discussing Pancasila as a source of inspiration and source of aspiration is: are all the laws and regulations in Indonesia originating from Pancasila?
Haryono did not deny that in the formation of the legislation Pancasila was almost always alluded to in the section on the consideration of a Law. The mention is not automatically the body of a regulation using the values of Pancasila. But is the theory and paradigm used by legal drafters really based on Pancasila? Haryono advised that the values of Pancasila were applied, not just jargon, in the formation of legislation.
In that context, Haryono alluded to the teleological dimension of Pancasila. The lecturer at Malang State University then told the story of the birth of the concept of the Nusantara Insight and the exclusive zone of the sea zone developed by Mochtar Kusuma Atmadja in the era of Prime Minister Djuanda. The idea of dividing the sea boundary was actually extracted from the values that developed in Indonesian society. “The teleological dimension (Pancasila) needs to be found in the formation of regulations,” Haryono said when attending as a speaker at a seminar on Strengthening Pancasila Values in Creating Tolerant and Dignified Indonesia at the Faculty of Law, Universitas Indonesia, Depok, Thursday (10/25).
A number of figures, such as Chairman of the House of Representatives Akbar Tanjung and former Chairperson of PP Muhammadiyah Dien Syamsudin, attended the event and expressed views on Pancasila as unifying, crystallization of cultural values, crystallization of religious values, as a middle ground, and as insight, ideology and ideal and relevant philosophy. Not only in the formation of legislation, but also in social relations as an Indonesian nation.
“Pancasila must be actualized in everyday life,” said Akbar Tanjung, after retelling the Pancasila discourse journey at BPUPKI sessions before Indonesia’s independence. “What a great spirit, so tolerant are the founding fathers of the Indonesian people for unity”.
Article 2 of Law No. 12 of 2011 concerning the Establishment of Laws and Regulations mentions that Pancasila is the source of all sources of state law. The placement of Pancasila as the source of all sources of state law is in accordance with the Preamble of the 1945 Constitution. Placing Pancasila as the basis and ideology of the state and the philosophical basis of the state means that every material in the legislation must not conflict with the values contained in Pancasila.
During the program, interfaith Law students also declared one soul Pancasila movement based on the development of tolerance. The Director of The Wahid Foundation, Mujtaba Hamdi, said the attitude of intolerance was alarming. One form is the expression of hatred. On a scale of 1-16, hate speech is on a scale of 15, followed by intimidation and threats on a scale of 9. Actors of intolerance, Mujtaba said, including educated people. He then pointed out the case of the discovery of bomb material on one of the state university campuses in Riau.
Professor of Constitutional Law at the Universitas Indonesia, Jimy Asshiddiqie also mentioned the entry of intolerant views into the campus. Irrationality entered the world of college. Jimly relates the situation to the attitude of lecturers who tend to be carried away by the flow of individualism. The obligation of the lecturer must produce articles that are published in Scopus-indexed journals make the lecturers busy promoting themselves, and gradually form the character of selfishness or nafsi–nafsi. Conversely, innovation and creativity are diminishing. This situation, among others, widened the entrance of intolerance.
The former Chairperson of the Constitutional Court then appreciated the steps of the students of Faculty of Law Universitas Indonesia who initiated the one soul Pancasila movement. The Faculty of Law campus plays a role in maintaining diversity. The founders of the country with a legal background have shown a tolerant view so that national unity is maintained until now. Because of that, Jimly hoped that similar movements would develop to other faculties at UI, and other universities.
Source: https://www.hukumonline.com/berita/baca/lt5bd1acc8b32a2/pesan-plt-kepala-bpip-untuk-legal-drafter
