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Indonesia is a Country of Law

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By: Rendra Topan

Nusantara is another name for the country of Indonesia, because Indonesia consists of thousands of islands that stretch from Sabang to Merauke. The geographical location of Indonesia is the basis for the mention of the archipelago, where nusa means island in Sanskrit.

Indonesia with its thousands of islands certainly has a diversity of tribes, cultures, customs and customs as well as languages, so on October 28, 1928, Indonesian youth announced the results of a youth congress known as the Youth Oath.

This youth oath contains three points of statement or pledge of Indonesian youth, namely:

  1. We, the sons and daughters of Indonesia, claim to shed the blood of one, the homeland of Indonesia.
  2. We, the sons and daughters of Indonesia, claim to be one nation, the Indonesian nation, and;
  3. We, the sons and daughters of Indonesia, uphold the language of unity, Indonesian.

In later historical developments, Indonesia used the motto Bhinneka Tunggal Ika which was gripped by the legs of the Garuda Bird which is the symbol of the Indonesian state, where on the chest of the Garuda Bird there is a symbol of the five precepts of Pancasila, so it is called the Garuda Pancasila. Bhinneka Tunggal Ika means that although different tribes, religions, customs and other differences within the territory of the Unitary State of the Republic of Indonesia, it is still one, as the pledge of youth oath reads.

The five precepts of pancasila whose symbol is found on the chest of the Garuda Bird, the contents of which are contained in the preamble to the 1945 Constitution of the Republic of Indonesia in the fourth paragraph are:

  1. The one true godhead.
  2. Just and civilized humanity.
  3. Unity of Indonesia.
  4. A people led by wisdom in consultative/representative.
  5. Social justice for all Indonesians.

Pancasila is the source of all sources of law which are then described in  the 1945 Constitution of the Republic of Indonesia in its articles which are the source of law for other implementing regulations,

The purpose of the 1945 Constitution as a source of law for other implementing regulations is that in accordance with Article 7 paragraph (1) of Law Number 12 of 2011 concerning the Establishment of Laws and Regulations in the first order is the 1945 Constitution, only then followed by mpr provisions, government laws/regulations in lieu of laws, government regulations, presidential regulations, provincial regional regulations, and regional regulations a district/city is a lower regulation whose order must not conflict with the regulations that lie above it or the higher regulations.

As an elaboration of Pancasila, the Constitution of the Republic of Indonesia regulates in Article 1 of the 1945 Constitution concerning:

  1. The State of Indonesia is a Unitary State in the form of a Republic.
  2. Sovereignty is in the hands of the people and is exercised according to the constitution.
  3. The state of Indonesia is a country of laws.

The author is interested in the soundness of Article 1 paragraph (3) of the 1945 Constitution which states that Indonesia is a country of law. This is interesting because of the vulnerability of diversity in Indonesia, so that it can cause conflicts commonly referred to as SARA (Ethnicity, Religion, Race, and Intergroup).

The state of law means a state that in regulating government based on the constitution or basic regulations in carrying out the wheels of its government. The constitution in question is the 1945 Constitution of the Republic of Indonesia for the State of Indonesia.

This constitution then became a guideline for state organizers in running the government. In relation to the 1945 Constitution as an elaboration of Pancasila, all conflicts that can divide the unity and unity of the Indonesian nation as pledged in the Youth Oath should be minimized or even avoided, so that there is no division.

The Unitary State of the Republic of Indonesia is a plural state, but the plurality has been regulated and accommodated by all existing laws and regulations, it should be to avoid conflicts that are in line with SARA, we only have to rely on the provisions of laws and regulations in Indonesia.

It is very unfortunate that Indonesia, which is a country of law, it turns out that its people do not want to be guided by the provisions of laws and regulations or even make their own regulations without paying attention to the plurality that exists in the Indonesian nation. All existing conflicts can also be resolved by deliberation for consensus without having to prioritize class interests.

United we are firm, so that we can achieve and realize the ideals of the Indonesian nation as stated in the preamble to the 1945 Constitution of the Republic of Indonesia. (RenTo) (220722)

By Rendra Topan

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