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