Democracy needs its constitution

The Jakarta Post , Jakarta | Tue, 07/24/2007 11:48 AM

Desy Nurhayati, The Jakarta Post, Jakarta

The democracy of a state should run simultaneously with its constitution or anarchy will unfold, said lawyer Adnan Buyung Nasution on Monday while promoting his new book on the importance of a constitution.

""Our life as a state or a nation is inseparable with the constitutional concept, with law being a part of it,"" Adnan said.

""Democracy without a constitution is dangerous.""

He said this would result in a majority-minority vote, with those in power gaining the ability to do whatever they please, which may lead to anarchy.

Adnan's books are Arus Pemikiran Konstitusionalisme (Thoughts of Constitutionality), and Bantuan Hukum di Indonesia (Legal Aid in Indonesia).

The first book was written in four separate series, comprising human rights and democracy, law and court, state organization and advocacy.

""To limit and to manage power, we have a constitution and we have laws,"" said Adnan, now a member of the Presidential Advisory Board.

His book addresses Indonesia's efforts toward democracy using the 1945 Constitution as its instrument -- an instrument he says has been amended four times in efforts to create a better state.

He said, ""for years, law had been used as a tool to maintain the power of the authoritarian regime"".

Echoing Adnan's thoughts, legal expert Hikmahanto Juwana said a constitution and regulations were often created to facilitate a certain group of people, including political elites.

Historian Anhar Gonggong said an independent state could see the development of an authoritarian government that suppresses its nation instead of creating democracy.

""We have to admit during the 62 years of our independence, our country's objectives have yet to be fully accomplished -- our objectives have instead been denied,"" he said.

He cited poverty as the reason behind the country's inability to meet its objectives. And he said this was a denial of the fifth principle of the Pancasila state ideology that stipulates ""social justice for all Indonesian people"".

Analyst Sjahrir, who attended the launch, said societal forces had played a significant part in the country's move toward democracy.

""The 1998 incident is an example of how suppressed people can oppose an authoritarian regime,"" he said, referring to the riots and turmoil before and after former President Soeharto resigned.

In his book on legal aid in Indonesia, Adnan highlighted the lack of legal empowerment and access to justice in the country, particularly for the poor, and urged the establishment of free legal assistance for them.

Adnan, who co-founded the Foundation of Indonesian Legal Aid Institute, said all citizens should have equal rights to obtain legal assistance regardless of their background and condition.

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