Constitutional Justice I Dewa Gede Palguna delivering a general lecture and opening Constitution Week at Udayana University

Constitutional Court collaborated with Udayana University to organize a Constitution Week on “Enforcing the Law and the Constitution to Strengthen the Unity of the NKRI.” The annual program comprised various activities, including the Junior High School Quiz Contest, general lectures and national seminars, Constitutional Law Speech Contest, and Constitutional Scientific Writing Contest. The program was also held to commemorate the 56th anniversary of Udayana University. It took place on Thursday-Saturday (6-8/9/2018).

Secretary General of the Constitutional Court M. Guntur Hamzah, in his remarks, said that the Constitution Week was collaboration with Udayana University. For the Constitutional Court, cooperation with universities is a necessity, as manifestation of the Constitutional Court\'s commitment since its inception to contribute to the improvement of the quality of higher education, especially legal higher education. "The higher the level of quality of law higher education graduates, the better the quality of the nation\'s law, the quality of our democracy, and constitutional awareness will also become more established, more advanced, and more dignified," Guntur said. He also stressed the importance of the integrity of the nation as well as the spirit of unity through understanding and implementing the values of the Constitution.

Constitution and the Unitary State of the Republic of Indonesia

Constitutional Justice I Dewa Gede Palguna, who delivered a general lecture and opened the event, said that the nationalism spirit proclaimed on August 17, 1945 from the speech by Soekarno on June 1, 1945 is instilled in Pancasila as the state’s foundation and ideology. He believes that without it, the nation-state will lose its raison d’etre.

Justice Palguna also talked about the judicial review authority of the Constitutional Court. The 1945 Constitution is implemented in the laws, which are integral part and conditio sine qua non to the wholeness of the Unitary State of the Republic of Indonesia. Therefore, lawmakers—the House and the President—must refer to the Constitution in making laws. He added that laws is legalized agreement or political compromise of various existing political powers, but the space for that agreement or compromise is not unlimited, as its limits are stipulated by the Constitution.

"When the boundaries are not heeded, the Constitutional Court will return [the laws] so they will not cross those boundaries. Through judicial review authority to review laws against the Constitution, the Constitutional Court will guarantee that the will of the "employer" is not defeated by the will of the "servant." Through judicial review authority to examine laws against the Constitution, the Constitutional Court affirms the principle of constitutional supremacy," he said.

Justice Palguna added that the Constitutional Court is not authorized to provide advisory opinion on an issue in the administration as it would pose a problem in the future if its constitutionality was challenged in the Court. He stressed that the Constitutional Court only “speaks” through its decisions. (LA/Yuniar Widiastuti)