PKS criticizes Mahfud’s statement about violating the constitution to save the people

3 min readMar 21, 2021

The Prosperous Justice Party (PKS) criticized the statement of the Coordinating Minister for Political, Legal and Security Affairs (Menko Polhukam) Mahfud MD.

Mahfud said the government could violate the state constitution by reason of saving the people. He referred to the theory contained in the book Shift of Executive Power by Ismail Suny.

Head of the Political Department of the DPP PKS, Nabil Ahmad Fauzi, assessed that statements that were theoretical and academic in nature needed to be placed proportionally by every state official.

“Because this has the potential to develop wildly and be misunderstood by the public. So that in the end it actually causes a commotion that actually covers up the original intent of his statement,” said Nabil in a written statement, Saturday (20/3/2021).

Also read: Violating the Constitution Can Save the People, Mahfud MD Exemplifies Soekarno and Harmoko

Nabil argues that Mahfud’s statement encourages people to become “Robin Hoods”. Violation of the law can be considered legitimate for helpful reasons.

In fact, in a broader realm, Indonesia is currently still struggling to consistently uphold the constitution.

On that basis, the government that runs the state is also obliged to become a constitutional government bound by the constitution.

According to Nabil, state officials should encourage all elements of the nation’s children to be more aware, understand, and obedient to the constitution.

“Not just giving a counterproductive and rowdy statement,” he said.

Also read: Mahfud MD: Constitutional violations in the interests of the people have occurred since the Soekarno era

Nabil added, Article 12 of the 1945 Constitution (UUD) which regulates the national emergency actually does not require government action that violates the constitution.

Because, provisions regarding emergencies are available.

“This means that the emergency situation for the safety of the people remains constitutional if it is in accordance with these provisions,” he added.

Previously, Mahfud said that constitutional science recognizes the argument which states that people’s safety is the highest law.

This was conveyed by Mahfud during a gathering with the Regional Leadership Coordination Forum (Forkomindo) and community leaders at Kodam V / Brawijaya Headquarters, Surabaya, East Java, Wednesday (17/3/2021).

“The general argument that in constitutional science is salus populi suprema lex, people’s safety is the highest law. If you want to save the people, you may violate the constitution, even so,” Mahfud said as quoted by, Thursday (18 / 3/2021).

Mahfud’s statement was criticized by a number of parties.

A few days later, the former Chief Justice of the Constitutional Court (MK) clarified that this was only based on theory and not for government policy.

He said that the theory of allowing the constitution to be violated for the benefit of the people is in Ismail Suny’s book entitled Shift of Executive Power.

“The first page states that even a violation of the constitution, which has been successfully defended, can become a new constitution,” he said.