Lomba Debat Konstitusi Nasional (Piala Bergilir Rektor Universitas Pendidikan Ganesha Tahun 2022)

Summary

The transcript discusses a debate on extending the presidential term in Indonesia to three periods. Arguments from legal, philosophical, and sociological perspectives are presented, with references to the Indonesian constitution and Pancasila principles. The debate highlights the importance of limiting presidential terms to prevent authoritarianism and ensure social justice, as well as the need for a dynamic approach to governance that aligns with the nation's goals and the will of the people.

Takeaways

• 🏛️ The discussion revolves around the proposal to extend the presidential term from two terms to three.
• 🙅‍♂️ There is a strong opposition to this proposal based on philosophical, legal, and sociological grounds.
• 📜 Legal arguments assert that extending the term would violate the spirit of the 1945 Constitution and the reform movement in Indonesia.
• 🌟 Sociological data suggests that 74% of the population does not support an extension of the presidential term.
• 🔄 The current two-term limit is seen as a safeguard against authoritarianism and promotes leadership regeneration.
• 👥 The debate includes various stakeholders, including legal scholars and representatives from different political factions.
• 📚 Reference is made to academic literature and court rulings, such as the Constitutional Court's decision No. 40 in 2018.
• 🔍 The discussion highlights the importance of maintaining checks and balances and avoiding the concentration of power.
• 🌐 The extension is argued to be against the Pancasila principles, specifically the fifth principle of social justice.
• 📉 There is a concern that extending the term could lead to a stagnation in development and a lack of new leadership.

Q & A

What is the main topic of discussion in the transcript?

The main topic of discussion in the transcript revolves around the proposal to extend the presidential term from two terms to three in Indonesia.

What are the arguments against extending the presidential term to three periods?

The arguments against extending the presidential term include philosophical, legal, and sociological reasons. It is seen as against the spirit of reform, which focuses on limiting presidential terms to prevent authoritarianism. It also contradicts the current constitution, which states that a president can only be elected for two terms.

What is the legal standing of the first speaker mentioned in the transcript?

The legal standing of the first speaker is not explicitly mentioned in the transcript, but they are described as the first speaker with a legal standing position.

What is the role of the second speaker in the discussion?

The second speaker is positioned with a legal standing related to the city, suggesting they may represent a municipal or local government perspective in the discussion.

What is the significance of the 'Pancasila' in the context of this discussion?

The 'Pancasila' is the philosophical foundation of the Indonesian state, with the fifth principle emphasizing social justice for all Indonesian people. The discussion suggests that extending the presidential term beyond two periods would contradict this principle by not allowing for new leadership and potentially hindering social justice.

What does the transcript suggest about the public's opinion on extending the presidential term?

The transcript suggests that the majority of the public, as indicated by a study mentioned, do not support the extension of the presidential term to three periods.

What is the constitutional basis for limiting the presidential term to two periods?

The constitutional basis for limiting the presidential term to two periods is Article 7 of the 1945 Constitution of Indonesia, which states that the president and vice president hold office for five years and can be re-elected for one additional term.

What is the significance of the 'Kedaulatan rakyat' principle mentioned in the transcript?

The 'Kedaulatan rakyat' principle, meaning 'sovereignty of the people,' is a fundamental principle in Indonesian democracy that asserts the people are the ultimate source of state power. The transcript suggests that any extension of the presidential term must have the support of the people to be legitimate.

What is the role of the Constitutional Court's decision No. 40 of 2018 in this discussion?

The Constitutional Court's decision No. 40 of 2018 is mentioned as a reference to support the current two-term limit for the presidency. It is used to argue against the extension of the presidential term to three periods.

What are the potential consequences of extending the presidential term to three periods as discussed in the transcript?

The potential consequences of extending the presidential term to three periods include the risk of authoritarianism, lack of new leadership, and a possible violation of the current constitution and Pancasila principles.

What does the transcript imply about the necessity of amending the constitution for extending the presidential term?

The transcript implies that there is no legal prohibition against amending the constitution, but it suggests that such an amendment should not be made lightly and should align with the spirit of the constitution and the will of the people.