History lesson

History lesson

From Merdeka

Sutan Ali Asli's article '5 Juli, 38 tahun yang lalu' (July 5,
38 years ago) published in Merdeka on July 5, 1997 serves as a
reminder and enriches our perception.

In historical terms, July 5, 1959 is always an interesting
topic of discussion in academic circles. More so when we compare
the 1945 Constitution with the 1950 Provisional Constitution.
Each has their positive and negative aspects.

A small but problematic example is the points concerning human
rights in the 1950 Constitution which are written in greater
detail than in the 1945 Constitution. Human rights to be decreed
by the People's Consultative Assembly are essential. We should
carefully study the differences of opinions on any legal product,
but the (political) power holders have the authority and access
to decision making.

History teaches us that any tragedy to whatever extent was
caused by mistakes in managing political issues, and more often
than not, claimed thousands of people's lives, not to mention the
loss of property.

I hope some conglomerates will produce booklets containing
major phenomenon of past events and distribute them free to the
next legislators to be used as a guide in their 1998 general
session. This would avoid the emergence of 21st century
Machiavellis. Machiavelli said: "Whenever things go well of
themselves there is no need for law; but as soon as good habit
fails, the law must be quickly invoked."

The campus is another issue yet to be discussed. First, the
question of the "emergency state of war" according to the 1950
Provisional Constitution. The July 5, 1959 decree declared the
1950 Provisional Constitution null and void, while the 1950
Provisional Constitution justifies an "emergency state of war".

Second, at the moment the decree was proclaimed, did the
person responsible refer to article 12 of the 1945 Constitution?
This read: "The President declares an emergency state. The
requirements and the consequences of the emergency state are
determined through laws," and article 22 (1) "In case of force
majeure, the President has the right to issue government
regulations as a substitute for law." Third, for the benefit of
the New Order generation and the following generation, why don't
we rejuvenate Law No.1/1961 concerning the emergency state. Apart
from its old spelling, the law is still inherent to the spirit of
Dutch colonialism.

SUNGKOWO SOKAWERA

Bandung, West Java