Expert: PPHN serves as a constitutional compass to maintain Indonesia's development consistency

Jakarta (ANTARA) - Constitutional law expert from the Muslim University of Indonesia (UMI) Makassar, Fahri Bachmi, stated that philosophically, the State Policy Guidelines (PPHN) serve as a constitutional compass to maintain the consistency of national development.

“Philosophly, the construction of the PPHN idea is rooted in the effort to maintain consistency and the nation’s directional orientation to realise sovereignty and the welfare of the people as national objectives,” Fahri said in a statement received in Jakarta on Thursday.

According to him, PPHN is positioned as a guide and constitutional compass so that national development does not change direction or be replaced every time there is a cycle of national leadership change.

Fahri explained that from the perspective of interest and necessity, PPHN is essentially intended as an authoritative concept and instrument to realise the nation’s ideals.

In principle, Fahri noted, PPHN is proposed not merely as a technical development document, but as an ideological platform to ensure that the administration of the state remains based on the philosophy of Pancasila and the 1945 Constitution.

Paradigmatically, he assessed that if the PPHN concept is adopted, it will become a trajectory to ensure the continuity of national aspirations that transcend the fixed terms of executive power.

He also stated that, fundamentally, PPHN does not regulate the technical aspects of governance, such as the National Long-Term Development Plan (RPJPN) as regulated under Law Number 25 of 2004 concerning the National Development Planning System (SPPN), because its orientation is as a philosophical guideline.

“In terms of orientation, PPHN is designed as a philosophical and long-term guideline that binds all state institutions, not just the central government,” he said.

Therefore, according to him, what needs to be seriously discussed is the method of determining the most ideal legal form for PPHable within Indonesia’s constitutional structure, whether through a Decree of the People’s Consultative Assembly (TAP MPR RI) or another legal form.

Fahri considers the TAP MPR instrument to be the best middle ground because its position in the hierarchy of laws and regulations is below the 1945 Constitution but above ordinary laws (UU).

However, he argued that the legal debate regarding the choice of TAP MPR as a legal form remains a serious matter.

He mentioned that TAP MPR is somewhat ideal as it possesses strong binding power across different periods of government without undermining the authority of the constitution, and is more directive in guaranteeing the continuity of national development.

Furthermore, he added that PPHN would not be easily altered by the pressure of sectoral interests of a particular regime. Its changes would be more flexible than amending the Constitution if political dynamics shift.

Nevertheless, he issued a crucial reminder: following the amendment of the 1945 Constitution, the MPR’s authority to create TAP that are regulatory in nature (regeling) has been limited.

He added that the Constitutional Court Decision Number 66/PUU-XXI/2023 also reaffirmed this limitation.

“This is in line with the constitutional concept built post-amendment of the 1945 Constitution, which no longer places the MPR as the supreme state institution capable of issuing TAP MPR that serves as general regulation,” Fahri remarked.

He proposed three potential paths: First, conducting a limited amendment of the 1945 Constitution, specifically changing Article 3 to restore the MPR’s authority to establish PPHN or state guidelines.

Second, formulating and establishing the PPHN document in the form of an umbrella law or revising Law Number 25 of 2004 concerning the National Development Planning System (SPPN).

Third, formulating and establishing PPHN through the legal instrument of TAP MPR, but its external binding strength would be supported by the principle of constitutional convention or unwritten law that is mutually observed.

PPHN serves as the philosophical foundation of the state that will act as a guide for national development and be implemented by every presidential leadership period.

Targeted to become a legal product by 2027, the MPR RI will continue to receive public input to refine the draft ahead of its ratification.

The 62-page draft has been officially opened and can be accessed openly by the public since 29 August 2026, via the official MPR RI website.