Chairman of DePA-RI TM Luthfi Yazid (center, wearing a suit and glasses) with students from the University of Mataram (Unram) who attended the Public Lecture in the FKIP Unram Hall.

Jakarta – The Chairman of the Dewan Pergerakan Advokat Republik Indonesia (DePA-RI) stated that it is now time to reset Indonesia’s legal state system to get it back on track.

“Do we want what happened in Nepal to also happen in our country, which supposedly adheres to the principle of a Rule of Law? Now is the time to reset Indonesia’s legal state system to get it back on track,” he said.

This statement was made when asked about the topic raised during a Public Lecture delivered to hundreds of students from the Pancasila and Citizenship Education study program in the Hall of the Faculty of Teacher Training and Educational Sciences (FKIP) at the University of Mataram (Unram).

The topic of the public lecture was “The Legal State: Between Ideals and Reality.”

On that occasion, several important points were conveyed. First, based on the 1945 Constitution, it is clearly mandated that Indonesia is a legal state (Article 1 Paragraph (3)). The initial choice was clear: Rechstaat, Rule of Law, or Constitutionalism. Not a Power State or Machstaat.

Second, the 1945 Constitution does not just mention “legal certainty,” but “just legal certainty” (Article 28D Paragraph (1)). This means that legal certainty must be accompanied by the principle of justice. The emphasis is actually on justice.

Article 28D Paragraph (1) is very clearly in line with the Preamble to the 1945 Constitution, which contains the phrase “…and to implement Social Justice for All the People of Indonesia,” later known as the fifth principle of Pancasila.

If examined carefully, the early drafters of the Constitution clearly emphasized the importance of realizing justice over mere law enforcement itself.

Subsequently, questions arose from the students: Is it still necessary to study the legal state? Isn’t what exists a power state? Isn’t the reality that the law is sharp downwards but blunt upwards?

Is it still relevant to talk about a legal state in Indonesia, especially during the ten years of Joko Widodo’s government, where there has been much criminalization of those critical of the government?

It was also mentioned that many legal regulations are disregarded or even ignored, such as corruption involving people close to President Jokowi, namely ministers and his supporters. This leads law students to view Indonesia more as a power state than a legal state.

“Does the situation then have to be ‘Nepal-ized’ first before there is a commitment to consistently uphold law and justice? Or do officials who flaunt their luxury have to be ‘Sahroni-ized’ first to become aware?”

As the next generation, it is natural for them to feel such anxiety, as they often see officials arrested for corruption, court decisions that often hurt the sense of justice, or court decisions that have permanent legal force but cannot be executed.

It was added that the voices and anxieties of Millennial or Gen Z youth like this cannot be taken lightly, because the revolution that occurred in Nepal was actually carried out by young people.

1945 Constitution

The 1945 Constitution is the foundational legal document of the Republic of Indonesia. It was first drafted and ratified in August 1945, just after the proclamation of Indonesia’s independence, to guide the new nation. It has since been amended several times, most significantly between 1999 and 2002, to strengthen democracy, human rights, and the division of powers.

Pancasila

Pancasila is the official philosophical foundation of Indonesia, consisting of five principles that guide the nation. It was first articulated by Sukarno on June 1, 1945, as a unifying ideology for the diverse country’s impending independence. These principles—belief in one God, just and civilized humanity, the unity of Indonesia, democracy, and social justice—were later incorporated into the preamble of the Indonesian constitution.

University of Mataram (Unram)

The University of Mataram (Unram) is the primary public university located in Mataram, on the island of Lombok, Indonesia. It was officially established in 1962 to advance higher education in the region. The university has since grown to become a significant academic and research center, contributing to the development of West Nusa Tenggara province.

Faculty of Teacher Training and Educational Sciences (FKIP)

The Faculty of Teacher Training and Educational Sciences (FKIP) is an academic institution dedicated to preparing educators and conducting research in pedagogy. It was established to address the growing need for qualified teachers, particularly in many developing nations, often as part of a larger university’s expansion into professional studies. Its history is rooted in national efforts to improve the quality of education by standardizing and professionalizing teacher preparation.

Dewan Pergerakan Advokat Republik Indonesia (DePA-RI)

The Dewan Pergerakan Advokat Republik Indonesia (DePA-RI), or the Council of the Indonesian Advocates Movement, is an organization dedicated to uniting and advancing the legal profession in Indonesia. It was established to strengthen the role of advocates (lawyers) in upholding justice, law, and human rights within the country. The council works to improve professional standards and advocate for legal reforms relevant to the practice of law.

Nepal

Nepal is a Himalayan country renowned for its dramatic natural beauty and deep cultural heritage, historically known as the birthplace of Buddha. It was historically divided into many small kingdoms until its unification in the 18th century and is famous for its ancient temples, palaces, and as the home of Mount Everest. The nation is a vibrant mosaic of Hindu and Buddhist traditions, with its capital, Kathmandu, housing several UNESCO World Heritage Sites.

Rule of Law

“Rule of Law” is a fundamental political principle, not a physical place, which holds that a nation should be governed by law rather than the arbitrary decisions of individual government officials. Its history is rooted in ancient legal codes and was significantly advanced by documents like the Magna Carta in 1215, which established that even the monarch was subject to the law. The modern concept emphasizes equality before the law, accountability, and legal certainty as essential foundations for a just society.

Rechstaat

“Rechtsstaat” is not a physical place or cultural site, but a foundational German legal and political concept. It translates to “legal state” or “state of law” and describes a state whose powers are constrained by a constitution and a system of laws that protect individual rights and ensure equality before the law. The principle, which has roots in 19th-century German jurisprudence, is a cornerstone of modern German democracy and similar to the English concept of the “rule of law.”