Pancasila unites the nation
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