The Constitutional Court (Mahkamah Konstitusi –MK) presents as the product of reformation as a result of Constitution Amendment. The existence of the Court is considered important to resolve judicial problems, particularly on constitutional sector. The statements were delivered by Deputy Chief Anwar Usman when he became keynote speaker at public lecture entitled “Authorities and Duties of the Constitutional Court Under the 1945 Constitution”. The lecture was held for the grand reunion of PGA Negeri Bima, on Wednesday (22/7) at Madrasah Aliyah Negeri 2 Bima, West Nusa Tenggara.

Anwar delivered on the authorities and duties of the Constitutional Court. According to him, the authorities of the Constitutional Court were based on Article 24C (1) the 1945 Constitution and Article 10 (1) and (2) Act Number 24 Year 2003 as amended by Act Number 8 Year 2011 of the Constitutional Court. One of the authorities were adjudicated judicial review cases on first and last stage, in which the verdict was final. Besides that, the Court entitled to resolve state institutions dispute as mandated by the Constitution, resolve political parties disunity, and resolve general elections dispute.

Regarding Court authority in handling regional elections dispute, according to him, the Court had adjudicated this matter in Verdict Number 97/PUU-XI/2013 of Judicial Review on Article 236C Act Number 12 Year 2008 of Regional Governance and Judicial Review on Article 29 (1) letter e Act Number 48 Year 2009 of Judicial Authorities. In the verdict, the Court declared the articles aforementioned were contrary to the 1945 Constitution and had no legal binding.

“Although the Articles had declared had no legal binding, the Court in the verdict declares still have jurisdiction on PHPUD if there is no Act regulates on that matter,” explained him.

Further, Anwar discussed on dispute resolution for 2015 regional election. As the guardian of the Constitution, the Court would handle regional election dispute cases by procedural and substantive. “The Act limits the matter of PHPU only on the dispute of vote result,” he explained.

According to him, authorities and functions of the Constitutional Court as stipulated in the Act were guarding the Constitution, so the Constitution implemented with responsibility and in line with people’s will and democracy ideals. Anwar asserted, guarding the Constitution was also meant guarding the principles of election, so the principles obeyed by Election Commission, Participants, and entire institutions related to the election. (Lulu Anjarsari/Agung Sumarna/Prasetyo Adi N)