Deputy Chief Justice Aswanto speaking at the National Seminar on Pancasila Ideology Revitalization and Its Implementation in Legal Aspects at the Prof. E. Suherman, S.H. Auditorium of the Law Faculty of Trisakti University (Usakti), Jakarta on Friday (5/4). Photo by Humas MK/Ilham.

JAKARTA, Public Relations of the Constitutional Court—Deputy Chief Justice Aswanto delivered a keynote speech at the National Seminar on Pancasila Ideology Revitalization and Its Implementation in Legal Aspects at the Prof. E. Suherman, S.H. Auditorium of the Law Faculty of Trisakti University (Usakti), Jakarta on Friday (5/4/2019).

Justice Aswanto confirmed the advantage of collaboration with universities for the Court because as a modern judiciary, the Court strives to resolve all cases and return rights taken away from citizens. He admitted that from the history of reform in the country, students at Trisakti University may take part in the front line of reform.

He then explained the duties and authorities of the Constitutional Court under the Pancasila ideology. As state ideology, the values in Pancasila are passed on to the 1945 Constitution as basic principles. “We are a state with open ideology, [which] only regulates or accommodate basic principles. The basic principles in Pancasila are then passed on to the1945 Constitution and laid out in norms, articles, paragraphs, parts within the 1945 Constitution,” the Palopo-born justice said.

Along with its authority to review laws against the Constitution, the Court also guards state ideology because the 1945 Constitution is the elaboration of its Preamble, which is derived from Pancasila. "If there are norms in the laws that are not in accordance with the Constitution, not in accordance with the Preamble of the Constitution, and if they are not in accordance with the Preamble it means that they are not in accordance with Pancasila," said the Hasanuddin University Law Professor.

On the occasion, Justice Anwar asked the participants to give suggestions and monitor the Court in order not to pass on erroneous decisions, because the decisions of the Constitutional Court are final and legally binding.

Nation’s Characters, Politics, and Mission

The seminar presented speakers former Chairperson of the Agency for Pancasila Ideology Education (BPIP) Yudi Latief and Usakti Law Faculty lecturer Reni Dwi Purnomowati. In his presentation in the seminar, former Chairperson of the Agency for Pancasila Ideology Education (BPIP) Yudi Latief regretted the lack of discussion about Pancasila. The fourth presidential candidate debate, despite being set under the theme of Pancasila, discussion on Pancasila did not take up much time. He also said that civilizations have fallen as they were not supported by strong mental and character. He spoke of the UK as winner of the World War II with its sophisticated planes losing in just one day against Surabaya fighters who only had minimal weapons.

Yudi explained that the first, second, and third precepts of Pancasila are the basis of the character and culture of the Indonesian nation, while the fifth principle is the mission. According to him, the fourth principle is a combination of the third and fifth precepts, as a political domain and the legal order of state administration. He further explained that if legal order causes division and results in gap among the people, something is wrong. Observing Article 33 of the 1945 Constitution, Yudi is of the view that the provision actually regulates ownership, which should be carried out cooperatively by both the state and the private sector, so that it should not be fully controlled from upstream to downstream, by either the state or the private sector. (Ilham/LA)