Summary of "Mahfud MD dan Kekecewaannya Terhadap Hukum | Endgame #214 (Luminaries)"
Video Summary
The video features an extensive interview with Professor Mahfud MD, a prominent Indonesian legal scholar, former Chief Justice of the Constitutional Court, and minister, discussing his deep disappointment with the Indonesian legal system, the interplay between law and politics, democracy, education, and the role of Islam in the state.
Key Points:
- Disappointment with Law and Politics: Mahfud MD expresses frustration that law in Indonesia is always subordinate to politics because laws are created by political powers. He emphasizes that democracy without law leads to anarchy, while law without democratic foundations becomes arbitrary and authoritarian. He highlights systemic issues such as corruption, vote buying, and weak law enforcement, which undermine legal certainty and governance.
- Personal Background and Academic Journey: Mahfud shares his journey from a pesantren (Islamic boarding school) student in Madura to becoming a law lecturer and professor specializing in political law science—a discipline he pioneered in Indonesia. He initially aimed to be a religious teacher but shifted to law after realizing the law’s critical role in society. He also served as rector, minister, and Chief Justice, considering these as "ultra petita" (unexpected gifts) beyond his original modest ambitions.
- Law and Democracy: Drawing on Aristotle’s political theory, Mahfud critiques the quality of democracy in Indonesia, noting that democracy requires educated citizens to function properly. He points out that with a low average IQ and education level in Indonesia, democracy often results in vote buying and demagoguery. He stresses the need for political elites (aristocrats) to guide democracy until society matures.
- Islam and the Indonesian State: Mahfud discusses the historical debate on whether Indonesia should be an Islamic state or a secular nation-state, referencing conflicts from the 1940s and the role of NU and Muhammadiyah. He supports the view that Indonesia’s Pancasila state is compatible with Islamic teachings because Islam mandates the existence of a state but not a specific form. He explains that Islamic principles (Maqashid Asy-Syari’ah) such as protection of religion, life, property, mental health, and lineage are fulfilled within Indonesia’s constitutional framework. He rejects the idea of establishing a state exactly like the Prophet Muhammad’s, as that would require a new Prophet, which Islam forbids.
- Legal System Challenges: Mahfud highlights serious problems in law enforcement in Indonesia, including bribery, bureaucratic corruption, and lack of legal certainty, which discourage investment and economic growth. He contrasts Indonesia with countries like Singapore and China, where better governance, education, infrastructure, and meritocracy drive economic success.
- Corruption and Law Enforcement: He warns against attempts to forgive corruption quietly without proper accountability, noting that corruption prisoners make up a very small percentage of inmates and that prisons are overcrowded mainly due to drug offenders. He stresses that law enforcement must be strengthened to restore public trust and attract investment.
- Education and Social Mobility: Mahfud and Gita Wirjawan discuss the crucial role of education quality, particularly teachers, in improving democracy and societal progress. They lament the low status and quality of teachers in Indonesia compared to countries like Singapore and South Korea, where teaching is prestigious and selective. Improving education is seen as foundational to raising IQ, reducing poverty and stunting, and enabling a functioning democracy.
- International Relations and Legal Sovereignty: Mahfud touches on Indonesia’s challenges in asserting sovereignty, especially in maritime territories like the South China Sea, due to limited technology and resources. He stresses the need for more experts in international law and geopolitics to defend Indonesia’s interests effectively.
- Outlook and Philosophy: Mahfud MD concludes by emphasizing humility and acceptance of life’s flow, returning to his original passion for teaching after decades in public service. He advocates for balanced democracy where law and people’s sovereignty coexist, guided by strong leadership and improved education.
Presenters/Contributors
- Professor Mahfud MD (main interviewee)
- Gita Wirjawan (interviewer/presenter)
Category
News and Commentary
