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Hold fast to principle of constitutional state
Not all people understand that neglecting the Constitution will result in chaos and can also lead to power being exercised arbitrarily by the government, leading to tyranny.
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An antiriot police vehicle launches tear gas at protesters during a clash in Central Jakarta on May 22. (JP/Dhoni Setiawan)
T
he constitutional state of Indonesia certainly cannot be separated from the work of the founding fathers, who came from diverse backgrounds including law graduates, freedom fighters and wise thinkers.
In the meetings to prepare independence in 1945 they agreed to a country founded under the rule of law and not based on mere power. The desired system of government was also a constitutional one, or a government based on a constitution rather than absolutism.
The concept and thoughts of the founding fathers ultimately gave birth to the Indonesian state, which was then enshrined into the 1945 Constitution: the Indonesian state is a unitary state in the form of a republic and is a constitutional state.
The Indonesian constitution is the highest legal basic norm and which must be obeyed and is the basic principle of the implementation of the Indonesian state, which is further determined by other laws and regulations. The powers provided to the government by the constitution must also be limited by the constitution, so that they are not arbitrary and excessive, through checks and balances.
Protests against the presidential election erupted in riots on May 21 to 22. The political ambition of a handful of political elites triggered riots that crippled all activities around the Elections Supervisory Agency (Bawaslu) office, raised people’s fears and forced businesses to close.
Any accusation of election fraud should be proven in the Constitutional Court, rather than through street protests that end in chaos. All legal matters must be resolved through the judiciary, accompanied with evidence and facts, instead of stirring the masses under the pretext of not believing in the law and insulting the Constitutional Court.
This attitude could provoke widespread anger among people who lack understanding of the complex workings of the law, whereas all the rules of the game have been clearly outlined in the Constitution and in the laws and regulations related to the presidential election.
