Arsul Sani: The Constitution as a Social Contract Between the State and Citizens
Constitutional Court Justice of the Republic of Indonesia, Arsul Sani, stated that the constitution represents a social contract between the state and its citizens in the administration of national and state life.
“As state administrators, governing the nation involves a social contract with the citizens. That is what the constitution is,” said Arsal Sani while serving as a speaker at the Constitutional Dialogue in the Kudus Regency Pavilion, Central Java, on Friday.
The event was attended by the Regent of Kudus, Sam’ani Intakoris, the Secretary General of the Constitutional Court, Heru Setiawan, members of the Regional Leadership Coordination Forum (Forkopimda), as well as representatives from the community and universities.
Arsul explained that the relationship between the state and society in the administration of the country is based on a foundation agreed upon through the constitution. Consequently, Arsul emphasised the importance of the public understanding the norms contained within the constitution, including provisions regarding the rights of citizens to access justice.
“Our constitution is the 1945 Constitution, the Constitution of the Republic of Indonesia of 1945. Therefore, we must understand the norms within it, including how citizens can obtain access to justice,” he said.
He added that an understanding of the constitution is necessary so that the public knows the legal pathways available when their constitutional rights are affected by a legal issue.
On the same occasion, the Secretary General of the Constitutional Court, Heru Setiawan, provided education on the procedures for litigation at the Constitutional Court, including the mechanism for filing cases and understanding the constitutional rights of citizens.
“The constitutional rights of citizens are fundamental rights that are officially guaranteed and directly protected by the 1945 Constitution. Therefore, the public needs to know their rights and understand how to litigate in the Constitutional Court,” he stated.
Meanwhile, the Regent of Kudus, Sam’ani Intakoris, invited the community and universities to utilise the Constitutional Dialogue as a space to improve constitutional literacy. According to Sam’ani, the public needs to understand not only the existence of the constitution but also their rights and obligations as citizens, including the legal mechanisms that can be used to obtain justice.
He noted that understanding the constitution needs to be continuously expanded so that the public is aware of their rights and understands the available legal mechanisms.
“The more the community understands the constitution, the more they will know their rights. This is important, because the public has the right to seek justice through the mechanisms regulated within the constitution,” he concluded.