UNILA Students Visit To The Constitutional Court

Accompanied by their Dean and lecturers, 210 students of the Faculty of Law of Lampung University (Unila) visited the Constitutional Court. The visiting Unila students were welcomed by Constitutional Judge Lieutenant General (Ret.) Achmad Roestandi, S.H. and the Head of Public Relations and Protocol Bureau of the Constitutional Court Agus Prawoto.

The presence of semester VI students, according to the Dean of the Faculty of Law of Unila Adius Semenguk, S.H., MS., was part of the field work practice (PKL) program required of the students. Adius said that such program was intended to improve the skills and competence in the field of law. He also added that the program has been organized for the purpose that the students can directly see the workings of law among the community.

Meanwhile in his welcoming speech, Justice Roestandi explained to the students about the background of the establishment of the Constitutional Court in Indonesia. According to the justice who was once Chairmen of the Indonesian national Armed Forces/Police of the Republic of Indonesia (TNI/POLRI) faction and Chairman of Commission II of the Peoples Legislative Assembly of the Republic of Indonesia (DPR RI), the debate concerning judicial review of laws have emerged since the early times of Independence. It was Mohammad Yamin who had the idea of the existence of a mechanism to compare laws with the Constitution during a session of the Investigating Committee for the preparation for Indonesian Independence (BPUPKI) in 1945. “At that time Muhammad Yamin proposed that the authority for the purpose be granted to the Supreme Court,” described Justice Roestandi.

Justice Roestandi added that however, M. Yamins idea was rejected by another BPUPKI member namely Soepomo who referred to the argument that Indonesia did not adhere to the separation of power system so that it did not recognize judicial review. Thereafter, the idea did not emerge in Indonesian state administration system. Only with the amendment to the 1945 Constitution during the period of 1999 – 2002) did the idea emerge again, leading further to the establishment of a separate institution to exercise the authority to conduct judicial review of laws, namely the Constitutional Court.

Meanwhile, answering the question of one of the students concerning the unavailability of any legal measure against the final and binding decisions of the Constitutional Court despite any new evidence (novum) being discovered, Justice Roestandi explained that decisions of the Constitutional Court prioritize the principle of legal certainty. He explained that if another legal measure is made available against decisions of the Constitutional Court, such as case review (PK), it will in fact create legal uncertainty. “This violates citizens’ constitutional rights,” He added.

After being welcomed by Justice Roestandi, the students did not miss the opportunity to have their pictures taken together in front of the new building of the Constitutional Court. “Just to recall the moment, Sir,” remarked one of the students. (ardli)

Wednesday, July 11, 2007 | 08:24 WIB 180