Fadlil: Constitutional Court Verdict Erga Omnes Characteristically, Final and Binding
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In his work as one of the constitutional judges, Achmad Fadlil Sumadi take the time to receive study visits conducted by thirteen Constitutional Court Law’s lecturers of Faculty of Law University of Andalas, Padang, West Sumatra on Tuesday (1/10).

In his presentation, Fadlil explains about the proceedings in the Court, both specific and general. The administrative process is one thing that needs to be explained that the process of litigating in the Court, in particular the completion of disputed election results, has a relatively short deadline, which is only 14 days, thus requiring special attention of the litigants.

Fadlil said Court’s authority namely the dissolution of political parties, can only be done by the President. "That became the basis of the lawsuit is whether the principles, objectives and program of the party was opposed to the constitution. If contrary, the Court may cancel the registration of the party. Constitutional Court’s decision is final and erga omnes, in the sense that are binding for all citizens of Indonesia," said Fadlil.

Fadlil said, generally the case entered the Court is an election dispute, the lawsuit entered by the parties who lost the election. "What is the object of the case is the determination of election results. Before dropping the ruling, the Court not only examines the results of the General Election, but also checks out the Election process. Processes that have significance to the outcome that is granted by the Constitutional Court" explained Fadlil.

In the question and answer session, a number of questions that came out to criticize the performance of constitutional judges, including judges’ neutrality set in a political party. Answering this, Fadlil said the judges who come from political parties should be able to leave for the sake of pragmatic interests’ stints as constitutional judges as well as a statesman.

 

In addition to lectures on constitutional justice, the visit is undertaken as part of the short course program; FH Unand teachers also had the opportunity to follow the proceedings of the Constitutional Court. (Julie/mh)


Tuesday, October 01, 2013 | 21:10 WIB 176