Pancasila unites the nation<\/p>\n
As the state philosophy, the five principles of Pancasila are
\nsuperior in position to the constitution. Consequently, a
\npolitical move that fails to conform with Pancasila must be
\nrejected although on paper or logically it can be justified.<\/p>\n
Given the existing legal set-up, Indonesia's constitutional
\nlaw is far from adequate. Therefore, one must dig deep into the
\nlaw when one wishes to determine whether an act violates the
\nconstitution.<\/p>\n
Take, for example, the dismissal of the National Police chief.
\nThe People's Consultative Assembly has stipulated that such a
\ndismissal must be approved by the House of Representatives.
\nUnfortunately, the law regulating the implementation of this
\nstipulation has yet to be drafted. Hence there is dualism in the
\ninterpretation of this stipulation.<\/p>\n
Constitutional law experts are also divided. Some maintain
\nthat without the House's approval, this dismissal is illegal as
\nit violates a stipulation of the People's Consultative Assembly,
\nwhich is the highest institution of state. Others adopt a
\ncontrary position. The same differences of opinion are also found
\nin the case of the presidential decree and the special session of
\nthe People's Consultative Assembly. Both sides, whether pro or
\ncontra, use the 1945 Constitution as their reference. They differ
\nonly in interpreting the Constitution.<\/p>\n
It is in this context that it is necessary to turn to
\nPancasila as a means of uniting the nation as the first principle
\nis being increasingly neglected and the threat of disintegration
\nis looming large. It is hoped that all parties who find
\nthemselves in confrontation will be able to realize that, in view
\nof the limitations in our legal system, we must wholeheartedly
\nturn to Pancasila. An attempt to bring about reconciliation among
\npolitical leaders recently initiated by some university students
\nmay serve as a good example. Good relationships are always
\nuseful. The recent visit of Pakistani president Pervez Musharraf
\nto India has brought warmth to the cold relationship between the
\ntwo countries.<\/p>\n
SUKANTO<\/p>\n
Jakarta<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/pancasila-unites-the-nation-1447893297", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }