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Constitutional Justice I Dewa Gede Palguna speaking at a book review event at Udayana University, Bali. Photo by Humas MK/M. Nur.

BALI, Public Relations of the Constitutional Court—In the effort to improve public awareness of the Constitution, the Constitutional Court (MK) joined forces with the Law Faculty of Udayana University to organize a book review event on Friday (1/11/2019) at the hall of the Law Faculty of Udayana University, Bali. The event was part of the 2019 Constitution Week under the theme "Grounding the Constitution to Strengthen Youth’s Love for the Nation."

The book review event was officially opened by Constitutional Justice I Dewa Gede Palguna. In his opening remarks, Justice Palguna stated that the book review was an effort to improve the culture and academic traditions within the Constitutional Court and Udayana University as well as to share legal knowledge from state judiciary.

Justice Palguna also mentioned the importance of writing among state officials and the academics. According to him, writing is a fundamental requirement for the Constitutional Court because the final form of the Constitutional Court\'s work is a decision. "The main purpose of writing books every year is because we want to encourage the public at large to share their opinions. The more opinions, the greater the opportunity to write. With increasing opinions, public opinion becomes a reference for the justices in making a decision," he explained.

In addition, Justice Palguna also explained the reason behind the release of the 25 books. "Initially [the Constitutional Court] only [planned to launch] 16 books, [to mark] the 16^th anniversary of the Constitutional Court, but with coordination between Constitutional Justice Saldi Isra, researchers, and the staff, the Court was able to launch 25 books, which are the work of constitutional justices and employees of the Constitutional Court," he said. The book release, he said, would not succeed without the assistance of Constitutional Justice Saldi Isra, who provided the Court staff members with creative ideas.

Law Faculty Dean of Udayana University I Made Arya Utama expressed his appreciation for the Constitutional Court for its trust in Udayana University. “[I’d] like to thank the Constitutional Court for entrusting [Udayana University] with the organization of this activity. Hopefully this provides education to students," he said.

Review of Books on the Law and the Constitution

Constitutional Justice Enny Nurbaningsih reviewed her book entitled "Issues in the Formation of Bylaws: Actualization of Regulatory Authority in the Era of Broad Autonomy". Justice Enny said that bylaws (Perda) are regulations within the hierarchical system of laws and regulations in Indonesia. Even so, bylaws have a strategic meaning in giving content to regional autonomy. In principle, various regulatory provisions in bylaws embody regional government affairs.

Her dissertation entitled "The Actualization of Regulatory Authority to Regulate Regional Affairs in Bylaws, Study of the Period of Wide Autonomous Era" outlines various bylaws issued during the implementation of broad autonomy in 2001. Justice Enny highlighted how the implementation of the regional regulatory authority in bylaws had not yet reflected the objectives of broad autonomy.

Starting from this condition, the implementation of regional autonomy led to irregularities in the issuance of legal products, which was marked by revocation of bylaws. Regions are deemed not to understand when local regulations should be formed in order to exercise their broad authority. In addition, the regional legislators did not understand the scope of the content of the bylaws as the implementation of regional authority.

Meanwhile, Made Suksma Prijandhini Devi Salain reviewed a book by Constitutional Justice I Dewa Gede Palguna entitled International Law: Their Theoretical Aspects and Implementations. Sheexplained that the book was very useful for students. In addition, the book also explains the settlement of international cases or disputes related to treaties. "Such as transnational crimes with the UN Convention Against Organized Transnational Crime on the responsibility of the carrier in the event of a collision between aircraft in flight with the 1929 Warsaw Convention," she explained. She also mentioned that the book explains one way of applying treaties to national law through incorporation and that responsibility in international relations is not only directed at the state but also individuals or legal entities.

A book by Wilma Silalahi entitled The Design of Simultaneous Elections Dispute Resolution was reviewed by Sukadi, who explained that the book is part of the author’s dissertation that had been reviewed by reviewers from Diponegoro University. Sukadi also added that the book on simultaneous elections could be an inspiration for the public about how the Constitutional Court handled simultaneous elections disputes. "This provides a challenge for the Constitutional Court team to provide a study of various disputes that occurred during the [last elections] and of the development of Indonesian elections, which continue to be creative in accordance with the characteristics of Indonesia," he said

Next, Gede Marhaendra Wija Atmaja reviewed a book by M. Mahrus Ali entitled Interpretation of the Constitution: Reviewing the Constitutionality and Normality of Norms, while the book The Criminal Justice System; A Breakthrough by Oly Viana Agustine was reviewed by I Ketut Rai Setiabudhi. The book by Jefri Porkonanta Tarigan The Ratification of Treaties: Their Theoretical and Comparative Aspects and Implementations was reviewed by Ni Ketut Supasti Dharmawan, Luthfi Widagdo Eddyono’s book entitled Human Rights and International Law in Indonesia; The Anti-Torture Convention of the Constitutional Court and the Dynamics of Its Application was reviewed by Putu Tuni Cakabawa Landra. (Bayu/NRA)

Translated by: Yuniar Widiastuti

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