Muhammad Amru Fillah, a student of the Islamic Family Law Study Program, wrote an essay titled "Revisiting the Implementation of Democracy in Indonesia" for a competition held by the HMPS HKI Study Program. His essay won first place as the best essay. Below is the complete article written by this second-semester student in the HKI Study Program.
Democracy can be defined as "rule by the people," where the highest power lies in the hands of the people. Citizen participation in government, whether directly or indirectly through elected representatives, is highly emphasized in the concept of democracy. Unlike a monarchy, where the leader is chosen based on heredity, the democratic system gives all people the freedom to be leaders or to be led.
The scope of democracy is not only a system for government administration. In essence, democracy is an ideology where both individual freedom and social freedom can find expression. Democracy encompasses social, economic, educational, cultural aspects, and more. Freedom does not mean that democracy has no laws; on the contrary, laws ensure that individual freedoms are protected.
As an ideology, democracy has four basic ideas, known as "The Four Freedoms," which are the freedom to express opinions, freedom to act, freedom to own, and freedom of will. Essentially, all of these freedoms are innate gifts to all humans and must be respected. (Kurniawati et al., 2010, 43)
The United Nations, as a supporter of the spread of the democratic movement globally, explains that there are 10 principles of democracy: respect for human rights, freedom of association, freedom of expression and opinion, access for anyone to become a leader, free and fair elections, a plural party and organization system, separation of powers, judicial independence, transparency and accountability in government, and a free, independent, and pluralistic media. (United Nations)
According to Budiarjo (in Kurniawati et al., 2010, 43), democracy can be classified into two streams: constitutional democracy and social democracy. The democracy mostly practiced today is constitutional democracy, where the government has limited powers and cannot act arbitrarily against its citizens.
Indonesia is one example of a country that practices a democratic system. The growth and development of democracy in Indonesia are evident from the ideas of the nation's founding figures, which are reflected in the preamble of the 1945 Constitution. Among the democratic systems implemented in Indonesia are parliamentary democracy, guided democracy, and Pancasila democracy, which is still in effect today. (Badan Pengkajian MPR RI, 2018, 20)
The consequence of a country claiming to embrace democracy is that it must respect the fundamental principles of democracy. Pancasila democracy, which is practiced in Indonesia, is a modification of the democratic ideology, using the values of the nation's ancestors that have been crystallized in Pancasila. This is not problematic, as only the Indonesian people truly understand and comprehend their own needs.
However, the big question is, has Pancasila democracy fully implemented the values of democracy, or is it simply an effort to obscure the true principles of democracy, in the name of lofty values?
If we consider one of the points put forth by the United Nations regarding democracy—freedom of expression and opinion—this is somewhat difficult to find in Indonesia, especially when in opposition to government policies. A case in point is the incident of microphones being turned off during the DPR Plenary Session (Adhey, 2023). It is inappropriate for the freedom of expression held by the people's representatives to be limited or eliminated. Freedom of opinion must be respected, especially regarding policies that affect the public interest.
On the point of freedom, independence, and pluralism in the media, if we refer to the opinions of Bill Kovach and Tom Rosentiel (in Harnita, 2015, 82-89), which remain a reference for journalists, the main principle is that journalists must always tell the truth, remain faithful to the public, be disciplined, and verify information, among other things. When reflected in the practice of the media in Indonesia, it becomes apparent that media freedom has not yet been fully achieved. The media, which should be an ally of the people by presenting information in line with reality, is often used as a tool to win political battles.
If we look deeper, the main cause of these issues is the lack of power from opposition parties, which allows the government to act beyond its limits. Among the functions of the opposition parties is to act as a check on government policy. A democracy without a check-and-balance mechanism is equivalent to tyranny and oligarchy. (Lafuil, 2022, 101)
The existence of opposition parties is not an indication of mistrust in the government. On the contrary, opposition parties are part of the effort to improve governance. The decision by some parties to switch sides and join the ruling coalition is not ideal, as it diminishes the opposition's voice, weakening its power to monitor the government.
Meanwhile, some sectors have experienced significant improvement, such as in bureaucratic digitalization and public services. Digitalization can save up to 50% of service time and 50% of future budgets, along with 60% work efficiency. (MENPANRB, 2022) This deserves appreciation as digitalization aligns with increased effectiveness, making government operations more transparent and accountable.
Infrastructure development is also noteworthy. For instance, the construction of toll roads has reached 1,900 km in just 7 years. (Kompas, 2022) The construction of dams to increase agricultural production has also been a focus of oversight, with 30 dams completed. (Kementerian PUPR, 2022)
However, the most proud achievement is the implementation of KIS (Kartu Indonesia Sehat), KIP (Kartu Indonesia Pintar), and KKS (Kartu Keluarga Sejahtera). These initiatives are the government’s efforts to fulfill the most basic rights of its citizens. This is the essence of Pancasila democracy: creating social justice for all Indonesian people.
Overall, the implementation of Pancasila democracy in this reform era has made significant progress compared to previous eras. There is hope that this positive trend will continue to rise by removing existing obstacles. Collaboration from many parties is needed, setting aside personal and group interests, and prioritizing the nation and the state.
ISLAMIC FAMILY LAW
