These days there has been a lot of conversation in the Indonesian society, especially before and after the 2024 elections, about the role of the Supreme Constitutional Court (MK), not only covering legal issues, but also highlighting its role in maintaining political stability and justice in Indonesia’s democratic system. Moreover, these conversations are closely related to the interpretation of the constitution, particularly the 1945 Constitution, as the foundation for state and government administration.

From here it becomes further and clearer that the 1945 Constitution is not just a legal document, but also a manifestation of the noble values of Pancasila, which is the main pillar of the life of the nation and state in Indonesia. This constitution is seen as having a “spirit” that emits light as a guide in regulating all aspects of community life.

So on the historic date of August 13, 2003, Indonesia affirmed its commitment to maintaining the integrity of the constitution by establishing the Supreme Constitutional Court which at that time the President of the Republic of Indonesia was Mrs. Megawati Soekarnoputri.

This step is in line with the spirit of Pancasila, which places justice, truth and unity as the main foundation in the nation and state.

Because of this, the Supreme Constitutional Court (MK) plays a central role in upholding the rule of law and maintaining the integrity of Pancasila values within the framework of the Indonesian constitution. Pancasila, as the ideological foundation of the state, consists of five main principles: Belief in One God, Fair and Civilized Humanity, Indonesian Unity, Democracy Led by Wisdom in Consultation/Representation, and Social Justice for All Indonesian People -is embodied.

This embodiment is seen in the Supreme Constitutional Court when it ensures that government policies, laws, and the actions of other state institutions are in line with the principles of Pancasila. This action guarantees that the state functions with justice, unity, and respect for diversity, as directed by Pancasila.

In addition, the Supreme Constitutional Court is tasked with protecting the rights of citizens and preventing violations of Pancasila values. In interpreting the constitution, the Court ensures that the basic rights of individuals are protected and social justice for all Indonesians is upheld.

At the same time, the Court also functions as a counterweight between government institutions, avoiding the domination of certain interests that are contrary to the values of Pancasila. Thus, the Supreme Constitutional Court helps maintain the balance of power in a democratic system of government, which is in accordance with the spirit of deliberation to reach consensus in Pancasila.

Thus, the Supreme Constitutional Court becomes a place to resolve conflicts between the local and central governments, as well as between other state institutions, referring to the Pancasila principles of national unity and integrity, and democracy led by wisdom in deliberation/representation. At the same time, the Supreme Constitutional Court is faced with various challenges, including political pressure, varying interpretations of the constitution, and limited resources.

Therefore, the active participation of civil society, non-governmental organizations and other state institutions is important in supporting the independence and effectiveness of the Supreme Constitutional Court. Thus, collaboration between various parties is needed to ensure that the Supreme Constitutional Court can continue to play its role as the guardian of the honor of Pancasila in the Indonesian constitution, so that the state remains on the foundation of democratic principles, the rule of law, and the values that Pancasila stands for.

As an established high judicial institution, it is tasked with maintaining the honor of Pancasila in the constitution. The Supreme Constitutional Court not only ensures that the constitution is implemented fairly and democratically, but also protects the values of Pancasila from potential distortion or abuse of power.

This is where the role of the Supreme Constitutional Court as the guardian of the honor of Pancasila is also reflected in the balance of power between state institutions.

The Court ensures that the decisions of the government, legislature and judiciary are in accordance with the principles of Pancasila and do not contradict the constitution. Although faced with various challenges, such as political pressure and limited resources, the Supreme Constitutional Court must remain steadfast in carrying out its duties. This is a form of commitment to maintain the integrity of Pancasila in the Indonesian constitutional system. Thus, the Supreme Constitutional Court is not only the guardian of the integrity of the constitution, but also the guardian of the honor of Pancasila values in the life of the nation and state.

The Supreme Constitutional Court was jointly agreed upon by the government and the DPR, born out of an awareness of the need for an institution tasked with maintaining harmony between the constitution and the practice of state life. On the same date, the Law on the Supreme Constitutional Court was signed by President Megawati Soekarnoputri, affirming a commitment to strengthen Indonesia’s legal foundations.

Not only is Indonesia the 78th country to establish a Supreme Constitutional Court, it is also noted as a pioneer for establishing this institution in the 21st century. It is hoped that the Indonesian Supreme Constitutional Court will play an important role in maintaining the honor and sustainability of the state constitution, as well as realizing the dream of the founding fathers to establish a state based on democracy, the rule of law, and the noble values of Pancasila.

As the guardian of the constitution, the Supreme Constitutional Court has the authority to test laws and government regulations against the standards set out in the constitution. This ensures that all regulations enacted by the government do not contradict constitutional values, including human rights, freedom of speech, and democratic principles. As such, the Supreme Constitutional Court acts as a guardian of the purity and honor of the constitution, ensuring that it remains a strong foundation for the Indonesian state.

Moreover, the Supreme Constitutional Court also plays a role in realizing the dream of the founding fathers for a country based on democracy, the rule of law, and the noble values of Pancasila. In its decisions, the Court is expected to not only uphold the rule of law, but also strengthen the principles of democracy, justice, unity, and social welfare that are at the core of the ideals of the founding fathers. By keeping all government and state institution actions in line with the values of Pancasila, the Supreme Constitutional Court contributes to building a solid foundation for a pluralist and inclusive Indonesia.

It is clear that the Supreme Constitutional Court has a very important role in maintaining the spirit of honor and wisdom as in deliberation and representation of the sustainability of the Indonesian constitution, as well as realizing the dreams of the founding fathers for a country based on democracy, the rule of law, and the noble values of Pancasila. By carrying out its duties with integrity, courage, and professionalism, the Supreme Constitutional Court is expected not only to be the guardian of the constitution, but also the frontline in realizing the noble ideals of the Indonesian nation.

(Prof. DR. Drs. Ermaya Suradinata, SH, MH, MSI, is the former Director General of Sospol of the Ministry of Home Affairs RI, Rector of IPDN, Governor of Lemhannas RI, and currently the Board of Experts for Geopolitics and Geostrategy of BPIP RI.)