Pancasila unites the nation
As the state philosophy, the five principles of Pancasila are superior in position to the constitution. Consequently, a political move that fails to conform with Pancasila must be rejected although on paper or logically it can be justified.
Given the existing legal set-up, Indonesia's constitutional law is far from adequate. Therefore, one must dig deep into the law when one wishes to determine whether an act violates the constitution.
Take, for example, the dismissal of the National Police chief. The People's Consultative Assembly has stipulated that such a dismissal must be approved by the House of Representatives. Unfortunately, the law regulating the implementation of this stipulation has yet to be drafted. Hence there is dualism in the interpretation of this stipulation.
Constitutional law experts are also divided. Some maintain that without the House's approval, this dismissal is illegal as it violates a stipulation of the People's Consultative Assembly, which is the highest institution of state. Others adopt a contrary position. The same differences of opinion are also found in the case of the presidential decree and the special session of the People's Consultative Assembly. Both sides, whether pro or contra, use the 1945 Constitution as their reference. They differ only in interpreting the Constitution.
It is in this context that it is necessary to turn to Pancasila as a means of uniting the nation as the first principle is being increasingly neglected and the threat of disintegration is looming large. It is hoped that all parties who find themselves in confrontation will be able to realize that, in view of the limitations in our legal system, we must wholeheartedly turn to Pancasila. An attempt to bring about reconciliation among political leaders recently initiated by some university students may serve as a good example. Good relationships are always useful. The recent visit of Pakistani president Pervez Musharraf to India has brought warmth to the cold relationship between the two countries.
SUKANTO
Jakarta