UMS Confirmed the Chairman of the Judicial Commission (KY), Dr. Aidul Fitriciada Azhari, SH, M. Hum, as Professor of Constitutional Law of Legal Affairs

Submitted by ridlo on Fri, 02/24/2017 - 14:39

Universitas Muhammadiyah Surakarta confirmed the Chairman of the Judicial Commission (KY), Dr. Aidul Fitriciada Azhari, SH, M. Hum, as Professor of Constitutional Law of Legal Affairs. The inauguration ceremony was conducted on February 23, 2017 in the auditorium of Muhammad Djazman, Campus 1 Pabelan, Sukoharjo. Aidul Fitriciada successfully achieves the highest functional office through his research on The Five Principles of Pancasila and the The 1945 Constitution using postcolonial theory. In the context of legal studies, this approach is rarely used even though it is widely used in the literature studies.

In his inauguration speech entitled “Decolonization and Democratization in Indonesian Constitutionalism: Postcolonial interpretation on Pancasila and the 1945 Constitution of the Republic of Indonesia”, Aidul mainly discussed the issue of democracy in Indonesia. He emphasizes that Pancasila does not merely reflect the preferences on cultural identity, but also reflects the powerful desire for decolonization. Meanwhile, the 1945 Constitution is imbued post-colonial characteristics that contain the norms aimed to destroy the Dutch system and colonial legacy, including indigenous feudalism that was backed up by the Dutch to reinforce colonialism. “The principles of postcolonial are reflected in articles 27, 29 and 33 which are referred as essential articles, because they radically negate colonialism in Indonesia,” he asserted.

The success of the 1945 Constitution in encouraging the democratization process in 1998 is perceived as the embodiment of the postcolonial values in the 1945 Constitution, in terms of its consistency with the democratic ideals of our founding fathers. Nevertheless, in the standpoint of the 1945 Constitution as post-colonial constitution, there is inconsistency between the four amendments. The third and fourth amendment do not entirely reflect the objectives of democratization in accordance with decolonization. The characteristics of American-style democracy in the amendment lead to the non-functionality of economic regulation as stipulated in article 33. Consequently, the Outlines of State Policy (GBHN) which embodies the collective economic planning based on the principle of cooperation is omitted from the Constitution and replaced by programs that are proposed by elected president and established as the result of competition in the Presidential Election. Aidul reaffirmed, “Juan Linz suggested this inclination turns out to be a paradox inherent in the pure presidential system. On one side it bears a determined and stable government, but on the other side, it inclines to create the personalization of power. Eventually, it will transform the principles of cooperation and collectivity into competition and individuality. As the implication, the economic system is no longer organized as a collective effort, but left to the market mechanism based on the principle of free competition.”

Subsequent implication is the values shifting from the national collectivity into the citizen individuality. This situation more or less will erode the consciousness of people as a nation and lead them into the consciousness as a citizen with strong eagerness for freedom and individual rights. “In the context of decolonization, it emphasizes the agenda of democratization associated with the change of government system in the 1945 amendments has turned to dull the decolonization agenda,” he continued. Aidul argued that the discussion is not intended to underline the drawback or error in the development of Pancasila ideology and the amendment of the 1945 Constitution, but rather to emphasize an academic perspective that can be used to review Pancasila and the 1945 Constitution in their positions as post-colonial ideology and constitution.

Inauguration ceremony was attended by several national leaders, among others, the Chairman of the Constitutional Court, Arief Hidayat; the Chairman of the CPC, Harry Azhar Azis; BPJS Managing Director, Fahmi Idris; Akbar Tanjung, and Bagir Manan. Despite the absence of the Vice President, Jusuf Kalla and the National Police Chief, Gen. Tito Karnavian, they sent bouquets that were lined up with other bouquets in the front yard of UMS campus. The speech was touching since Aidul who fluently read the speeches in the beginning became emotional in the middle of his speech. “I remember one of my mentors, the late Prof. Dr. HR Sri Soemantri. He told me he would attend my inauguration ceremony, but Allah Have other plan, he passed away before this ceremony” Aidul confirmed after the inauguration.