Two Proposals from Former Chief Justice of the Constitutional Court Jimly Ash-Shiddiqie for Indonesia

JAKARTA – The demand to reconstruct the state administration system in Indonesia is considered important by the former Chief Justice of the Indonesian Constitutional Court and Constitutional Law Expert, Jimly As-Shiddiqie.

In the Pre-Muktamar Muhammadiyah-‘Aisyiyah Seminar at Muhammadiyah University Jakarta, Wednesday (16/3) Jimly said that the symptoms of democratic decline are common phenomena that are currently happening in the world, therefore reflection is needed by all pillars of the country to evaluate.

For Indonesia itself, he said the symptoms of regression could be identified in several ways. The main thing is that there are many public discourses and policies that are full of political conflicts of interest with stakeholders or policy makers. If it is not immediately handled with leadership that is right on target, then this phenomenon, said Jimly, will culminate in the birth of totalitarianism, namely a form of government that monopolizes values, public space, politics and the economy from alternative alternatives (opposition).

“So what will decide later is who has money and has a party, beyond that common sense will be eliminated. In fact, long-term progress of the nation requires logic and moral power. Therefore we need to strengthen the position and role of values. “The role of common sense, sincere reason, not simple mind and machinations,” he said.

To reconstruct Indonesia’s state administration system to avoid totalitarian currents, Jimly suggested that two concepts of power sharing be carried out, namely the inner structure of power and the outer structure of power. Each of these two things has four divisions of political elements, each of which is prevented from conflict of interest.

In the old concept of inner structure power, the four elements were the executive institution, legislative institution, judicial institution and mass media. Meanwhile, now it is the state, civil society, market and mass media. For example, a national media industry entrepreneur should not be the owner or leader of a political party. Because with the advantages he has, he has a great opportunity to use the media to lead voices from civil society.

“So it could happen that one day a president controls state politics, but also controls the corporate world, controls the media and civil society all at once. In one hand. So this is a new form of totalitarianism which is very dangerous for democracy in the future. “There will be no more democracy if this happens,” explained Jimly.

Meanwhile, in the concept of outer structure power, he mentions that the four elements that are prohibited from conflicts of interest are the executive, legislative, judiciary, and mixed branches such as the KPU, KPPU, and other similar institutions.

“He must be placed and must not submit to political officials or candidates for election contestants, and he must deal with the courts that adjudicate the election process and results,” he explained.

“So the new form of quadropolitika must be regulated so that there are no conflicts of interest. Otherwise, take note of this. “One day the new form of absolute totalitarianism will emerge,” predicted Jimly.

“In Hitler’s era, public authority straddles all private interests. But nowadays what is happening is inverted totalitarianism. “Private interests handle public policy,” he concluded. (afn)