{
    "success": true,
    "data": {
        "id": 1613350,
        "msgid": "fasting-and-the-ethos-of-constitutionalism-1773485542",
        "date": "2026-03-14 16:20:57",
        "title": "Fasting and the Ethos of Constitutionalism",
        "author": "",
        "source": "DETIK",
        "tags": "",
        "topic": "Politics",
        "summary": "This opinion piece critiques the paradox of anti-corruption operations against state officials during Ramadan, arguing that public officials should embody the ethical essence of fasting by exercising constitutional restraint and self-discipline regarding their use of state power. Drawing on constitutional theory and Islamic philosophy, the author contends that constitutionalism\u2014like fasting\u2014serves as a fence against abuse of power, and calls for \"constitutional piety\" among state actors to uphold the rule of law and prevent corruption.",
        "content": "<p>This year\u2019s Ramadan returns once again bearing a suffocating paradox.\nWhilst believers are devoted to subduing their desires, the Corruption\nEradication Commission (KPK) conducted a sting operation (OTT) against\nseveral state officials whilst society was engaged in fasting and other\nRamadan observances.<\/p>\n<p>The cases ensnaring the Regent of Rejang Lebong (10 March 2026) and\nthe Regent of Pekalongan (3 March 2026) serve as a harsh reminder that\nthe lust for power often does not recognise the time for restraint.\nTheir actions constitute concrete evidence that power, which ought to be\nsafeguarded with full responsibility, is instead misused for personal\ninterest. Whilst believers are fasting, certain officials who ought to\nexercise self-restraint instead \u201cbreak fast\u201d with state money and\nvarious other personal advantages.<\/p>\n<p>The sting operations against the two Regents add to a lengthy list of\nKPK sting cases to date. Within three months of 2026, the KPK has netted\neight state officials suspected of being entangled in corruption cases,\nincluding Regent Pati Sudewo (19 January 2026). These arrests are\ncertainly not mere statistics of criminality. They are evidence of the\nexistential failure of those holding authority in transforming the\nmeaning of \u201crestraint\u201d from the dining table to the table of power.\nWhilst the common people fast amidst economic hardship, some elites\ninstead abuse power to reap personal gain. Why does such massive\nreligious ritualism fail to tame the recklessness of power?<\/p>\n<p>This inability to exercise restraint confirms what St Augustine\ntermed libido dominandi\u2014a primitive lust to dominate that blinds\nconscience and transcends boundaries of public ethics. In this logic,\nthere exists a strong relationship between deep psychological desire and\nambition for power, wherein social and political control is engineered\nto satisfy the hunger for authority.<\/p>\n<p>Fasting and the Ethos of Governance<\/p>\n<p>Essentially, fasting (shaum) is a school of \u201climits\u201d. It is not\nmerely a ritual of shifting mealtimes, but rather a radical exercise in\nsaying \u201cno\u201d to things desired. Fasting teaches us to exercise\nrestraint\u2014to restrain our desire for worldly pleasures, such as eating,\ndrinking, and sexual relations. This is important learning about\nlimitation in life, about what is permissible and what is not.<\/p>\n<p>Fasting, understood as an effort to limit and restrain, holds\nrelevance in discourse on the philosophy of statehood. In constitutional\ntheory, this idea of limitation converges on the concept of\nconstitutionalism. Charles Howard McIlwain, in Constitutionalism:\nAncient and Modern (1947), affirms that the essence of a constitution is\nlegal limitation on government action (limited government). This is\nfurther reinforced by Albert Venn Dicey in his Introduction to the Study\nof the Law of the Constitution (1885), with the doctrine of Rule of Law,\nwhich emphasises the supremacy of law above the personal will of rulers\nand opposes arbitrary power or the abuse of authority.<\/p>\n<p>There exists a philosophical parallel in the relationship between\nfasting and constitutionalism. If fasting is a fence for individual\ndesires, then constitutionalism is a fence for the desires of state\npower. A constitutional state is one wherein those in power are subject\nto law as the boundary marker of authority. State power must be limited\nby law and constitutional institutions, and those administering it must\nexercise restraint from actions exceeding the authority granted to\nthem.<\/p>\n<p>In this context, state officials must emulate the essence of fasting.\nNot merely restraining themselves from eating and drinking, but also\nrestraining themselves from abuse of power. It is unlawful for state\nofficials to violate the authority attributed to them. The practice of\nexceeding authority (excess de pouvoir) is in essence a form of\ndestruction of the limitations on the mandate of popular sovereignty\nformulated through the five-yearly democratic cycle of general\nelections.<\/p>\n<p>During the month of Ramadan, Muslims are reminded to exercise\nrestraint and control their desires. This should also be a moral\nreflection for public officials. When an official exceeds the authority\ngranted to him, he in fact nullifies the fast on power that ought to be\nmaintained for the sake of the sustainability of a just and integral\nstate. Great state authority must be exercised with full responsibility,\nwithin the bounds of existing law, so as not to fall into corruption and\nabuse of power.<\/p>\n<p>Towards Constitutional Piety<\/p>\n<p>Reflection on fasting requires us to transcend mere ritual piety. We\nrequire \u201cconstitutional piety\u201d\u2014a commitment to remain faithful to the\nboundaries of authority even when opportunities to violate them are wide\nopen. This concept aligns well with James Madison\u2019s statement in The\nFederalist Papers (1788), which argues that because men are not angels,\npower must be fenced by mutually balancing ambition. Madison affirms\nthat to safeguard liberty and justice, power must be arranged by a\nsystem that prevents abuse.<\/p>\n<p>A successful leader is one capable of emulating the essence of\nfasting in every policy decision. He continually asks whether his\nactions conform to the corridors of law or merely satisfy political\nlust. The constitution must not become merely dead paper that is\ntrampled by an insatiable hunger for power.<\/p>\n<p>Fasting should be a moment for us to maintain awareness of the limits\nin both personal life and in the context of governance. For state\nofficials, fasting must be understood as the ethos of\nconstitutionalism\u2014exercising restraint from abuse of power and remaining\nwithin the boundaries of authority granted. If state officials can\nemulate the true meaning of fasting, then they will become leaders who\nare wise, just, and integral. Conversely, if they exceed the limits of\nauthority\u2014<\/p>",
        "url": "https:\/\/jawawa.id\/newsitem\/fasting-and-the-ethos-of-constitutionalism-1773485542",
        "image": ""
    },
    "sponsor": "Okusi Associates",
    "sponsor_url": "https:\/\/okusiassociates.com"
}