Brawijaya University, Pusat Studi Konstitusi [the Center for Constitutional Studies] (Pusako) Faculty of Law Andalas University, and Perkumpulan untuk Pemilu dan Demokrasi [the Association for Elections and Democracy] (Perludem) are holding the VII National Constitutional Law Conference (KNHTN) on 1-3 December 2022 in Batu and Malang, East Java. Bringing together professors, academics, students, and activists in the fields of law and politics, the evaluation of the implementation of the 1945 Constitution of the Republic of Indonesia includes the writing of scientific journal articles to be published in The Asia-Pacific Journal of Elections and Democracy (APJED).
"After 20 years, it is increasingly felt that our constitution still has many weaknesses," said Professor of Constitutional Law at Padjadjaran University (Unpad), Susi Dwi Harijanti, Batu (12/1), reading a scientific oration entitled "20 Years Defending the Reformed Constitution” in the opening of KNHTN VII.
Susi explained that Indonesia's situation was similar to other countries which changed their constitution after overthrowing an authoritarian regime. Because it was caused by past injustice, there was a formation or amendment to the constitution that was not accompanied by a clear concept. However, reminding how fundamental the constitution is, especially in countries transitioning to democracy, the formation and amendment of the constitution must be based on democratic procedures that maximize the involvement of the people.
Professor of Constitutional Law at Andalas University (Unand), Saldi Isra, is of the opinion that one of the ambiguities of the post-Reform constitutional change concept is in choosing a government system. The wish is for a president with great authority not to become authoritarian. But this wish is not sufficiently written down in the concept of a presidential, parliamentary or mixed system.
"The constitution never mentions how presidential powers are filled in the context of people's sovereignty, namely elections," said this Constitutional Court justice (12/2).
Professor from UNSW-Australia, Rosalind Dixon explained, there are many strong implications from the implementation of the post-amendment constitution. According to her, through the Constitutional Court, constitutional provisions and implementation have been able to guarantee the minimum core of democracy and protect against serious threats to human dignity. But, lately, in the presidential election and with the simultaneous legislative elections, this guarantee and protection has become a problem. Among them is the issue of population identity which has implications for voting rights, formation and participation in elections for political parties, simultaneous elections, anti-corruption, electoral systems, nomination thresholds, individual candidates, and others. Some of these implementations in law represent a setback for democracy.
The legal situation regarding democratic institutions is exacerbated by the quality of the decisions from reviewing statutory provisions. At least Dixon suggested two things to overcome this. First, the fulfillment of the prerequisites for judicial institutions: independence, supporting institutions, and improving the legal culture. Second, increasing the capacity of judges and the resources of the judiciary.
The executive director of Perludem, Khoirunnisa Nur Agustyati emphasized (12/1) the importance of improving the presidential system that has been chosen by the constitution through changes to the appropriate election provisions. Perludem's experience in carrying out many judicial reviews of electoral laws at the Constitutional Court, more of which have not been granted. Among them regarding the variables of the electoral system related to the power of the president and the legislature. There are also decisions that result in a choice of a simultaneous model for improving Indonesian presidentialism, but the lawmakers have not yet responded, even though the Constitutional Court's decision is final and binding.
The Dean of the Faculty of Law, University of Brawijaya, Muchamad Ali Safa'at in the opening of the activity also said (12/1), if constitutional law does not follow political events, it will not develop. This doctor in constitutional law is grateful, through this legal conference, there were 150 papers that came from various Indonesian campuses with multidisciplinary knowledge, including political science. The hope is that state administration experts who met with the speakers, most of whom are youth, can become the hope of improving Indonesian law.
The executive director of Pusako, Feri Amsari said, a series of seminars and discussions as well as many papers in KNHTN VII discussed actual issues. Among them are the development of post-Reform general elections and local elections, restrictions on the powers and performance of state institutions, protection of democracy and the independence of the Constitutional Court, regional autonomy, and independent institutions enshrined in the constitution.
There were 40 papers presented and discussed in KNHTN VII. These papers will be followed up for submission and publication in The Asia-Pacific Journal of Elections and Democracy (APJED). This is a multidisciplinary scientific journal that discusses various aspects of elections and democratization managed by Perludem through the support of the regional program, Respect.
In the formulation of its activities, APJED has the main goal of building a relevant knowledge ecosystem for academics, policy makers, and pro-democracy activists. Furthermore, APJED is intended to be a knowledge ecosystem for various disciplines such as political science, economics, anthropology, culture, law, and gender as well as various other disciplines related to election and democracy issues. KNHTN VII is an appropriate moment of collaboration in achieving legal reform through journal writing and publication.
KNHTN also involves experts, professors, and other academics. Among them are Jimly Asshiddiqie, Abdul Mukthie Fadjar, Moh. Fadli, Djayadi Hanan, Fitra Arsil, Aan Eko Widyarto, Milda Istiqomah, Cheryl Saunders, I Dewa Gede Palguna, Ni'matul Huda, Charles Simabura, Tom Ginsburg, Dhia Al Uyun, Indah Dwi Qurbani, Titi Anggraini, and others. []
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