The Constitutional Court and the Omnibus Law

KOMPAS/WAWAN H PRABOWO

Constitutional Court (MK) Judges Suhartoyo (left) and Daniel Yusmic Pancastaki Foekh are take the oath in front of President Joko Widodo at the State Palace in Jakarta on Tuesday (7/1/2019). Daniel is a constitutional judge proposed by the President replacing I Dewa Gede Palguna whose term had ended. Meanwhile, Suhartoyo is incumbent which is again proposed by the Supreme Court (MA) for the second term.

Dewa Gede Palguna departed from his position as a constitutional justice on 7 Jan. 2020. He was replaced by Daniel Yusmic Pancastaki Foekh.

The formation of the constitutional justices is complete. Daniel was chosen by President Joko “Jokowi” Widodo. Meanwhile, the Supreme Court (MA) proposed that Suhartoyo should serve for a second term from 2020 to 2025.

Having had a career in the Constitutional Court (MK), justice Palguna is considered a role model justice. He has positioned himself as a statesman who has not sought power. He proved this when competing for the position of Deputy Chief Justice of the Constitutional Court on April 13, 2019. Palguna chose to withdraw himself when the drama of the Deputy Chief Justice election showed signs it would be prolonged. Aswanto was later elected as the Deputy Chief Justice. Constitutional Justice Arief Hidayat praised Palguna\'s move.

This nation needs role models, however role models seem to be disappearing. Those with integrity are badly needed; Figures who are consistent in speech and action. Elite state figures, who are not political power hunters but statesmen who really think about the future of their nation and think about their people.

When there is an absence of role models in a state institution, often a result of political accommodation and the buying and selling of democracy, the public looks to the MK. Aside from being a guardian of the constitution, the MK is expected to play a role as the guardian of the state ideology and the guardian of the Constitution

KOMPAS/WAWAN H PRABOWO

Constitutional Court (MK) Judges Suhartoyo (left) and Daniel Yusmic Pancastaki Foekh are ready to take the oath in front of President Joko Widodo at the State Palace in Jakarta on Tuesday (7/1/2019). Daniel is a constitutional judge proposed by the President replacing I Dewa Gede Palguna whose term had ended. Meanwhile, Suhartoyo is incumbent which is again proposed by the Supreme Court (MA) for the second term.

As Palguna said to Daniel, welcome to the jungle. He likened the MK to a wilderness of laws. In addition to serious issues such as ideology and politics, the MK also deals with livestock and plant issues. The MK’s future challenges will be difficult.

In the midst of President Jokowi’s zeal for simplifying laws through omnibus laws, the MK must maintain the hierarchy of laws and obedience to the Constitution. The simplification of laws through omnibus laws must not undermine the Constitution nor civil liberties.

With its position guaranteed in the Constitution, the MK must ensure Indonesia remains a constitutional democratic state. The challenges ahead for the MK will not be easy and the constitutional justices must demonstrate statesmanship.