Reveals The 1945 Constitution Prioritizes International Corvention Of Civil Rights, Mahfud MD Regrets Its Implementation

Constitutional law expert Prof Mahfud Md gave a presentation at Andalas University, Padang City, West Sumatra, Friday (26/9/2025). BETWEEN/Muhammad Zulfikar

JAKARTA - Constitutional law expert and former Coordinating Minister for Political, Legal and Security Affairs Mahfud Md said Article 28 of the 1945 Constitution preceded the international order on civil and political rights or known as civil and political rights.

This was conveyed by Mahfud at a national seminar entitled "The decision of the Constitutional Court Number 105/PUU-XXII/2024 freedom of expression without limits: Democracy develops or digital anarchy" organized by the Center for Constitutional Studies (PUSako) of the Faculty of Law, Andalas University, Padang, Friday.

"Article 28 of the 1945 Constitution has preceded the international order on civil and political rights which was enforced in March 1966," said Mahfud, quoted by Antara.

Although Indonesia has preceded the idea of freedom of expression through the formulation of the 1945 Constitution, Mahfud explained, unfortunately the implementation of freedom of expression has not been fully given to citizens.

During the New Order era, many people were arrested for filing opinions, mass media experienced abuse, including writers who received repressive treatment for the views they presented.

Regarding the Constitutional Court Decision Number 105/PUU-XXII/2024 regarding freedom of opinion, Mahfud assessed that the decision had given a clear interpretation so that there were no rubber articles.

The former Coordinating Minister for Political, Legal and Security Affairs revealed that until now there are still many rubber articles contained in Indonesian law.

Not infrequently some terms or phrases are then interpreted in various ways, causing many victims.

For example, the case of Prita Mulyasari who clashed with the hospital due to complaints of services at a hospital.

Then, another case, namely Baiq Nuril, a teacher who was convicted for recording immoral conversations of a school principal where he worked. "Lastly, the polemic between Ferry Irwandi and the TNI," he said.