The Constitutional Court (MK) plays a strategic role in safeguarding the Constitution’s gates amid ever-changing social and political dynamics.
As the guardian of the Constitution, the MK must remain independent and unaffected by particular political interests. The decline in democracy over the past decade serves as a warning for all parties to return to upholding the rule of law and maintaining a balance between law and power.
This was conveyed by the Former Chairperson of the Constitutional Court of the Republic of Indonesia, Dr. Hamdan Zoelva, during a Ramadhan Public Lecture on Tuesday (Mar. 18) at the UGM Campus Mosque.
In his lecture, Dr. Zoelva explained that the Constitution is not merely a rigid text but a “living Constitution” that grows and evolves with time. The Constitution even crystallizes the people’s will.
“The Constitution is not just a text. Behind it is the spirit of the Constitution, which is the deepest crystallization of the people’s will and then formulated into text,” he said.
Through the concept of the living Constitution, the MK is expected to continue inspiring and upholding the Constitution’s fundamental values in state governance.
However, the MK is often perceived as deviating from its duties when it seeks to align itself with the people’s aspirations.
“The MK is often considered to deviate from its duty of safeguarding the Constitution because it wants to follow the will of the people. Therefore, it is common for the MK to be opposed by power institutions in general,” he explained.
Dr. Zoelva believes that the MK is currently in a very vulnerable position between law and power.
As an institution specifically tasked with adjudicating policies and political matters, the MK frequently faces political pressures to influence its rulings.
“If the MK judges are not sufficiently independent, it will be easier for power elements to infiltrate, aiming to prolong or enlarge power,” he explained.
According to Dr. Zoelva, if state power becomes too dominant, the MK’s existence as the guardian of the Constitution could be disrupted.
In the context of democracy, the MK’s independence is crucial to ensuring that the law continues to be respected and does not merely become a tool for specific political interests.
Moreover, in the past decade, democracy in Indonesia has significantly declined. This can be seen from the decreasing adherence to the rule of law and the diminishing regional autonomy.
This phenomenon is not only happening in Indonesia but is also a global trend. Many countries are moving in a more conservative direction by suppressing freedoms for the sake of stability and development.
He said Indonesia has adopted much of China’s development model, which emphasizes the centralization of power and efficiency in development, even at the expense of democracy and human rights.
“This is done by increasingly using power, reducing freedom, and deeming human rights as less important because the target is to achieve rapid welfare and national development,” he explained.
Nevertheless, Indonesia has a different character from China. The people’s sovereignty, as enshrined in the 1945 Constitution, must remain the primary orientation in state governance.
“The people build our country. We are formed from the bottom, not from the top,” he emphasized.
Understanding that the Constitution is a living document that grows with the times, he advised that MK judges must remain vigilant in ensuring that the people’s sovereignty remains the main essence of Indonesia’s constitutional system.
Author: Rahma Khoirunnisa
Editor: Gusti Grehenson
Post-editor: Afifudin Baliya
Photographs by: UGM Campus Mosque