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Chief Justice Arief Hidayat becomes keynote speaker at general lecture on Wednesday (7/10) at Universitas Muhammadiyah, north Maluku. Photo PR/Enday

 

 

 

Chief Justice Arief Hidayat becomes keynote speaker at general lecture entitled “Constitutional Court’s Role in Regional Elections Dispute Settlement” on Wednesday (7/10), at Universitas Muhammadiyah, North Maluku. He asserts that Indonesia is God-devoted law state.

Hidayat explains that Indonesia founding fathers were once confused on the fundamental law of the state. Some proposed on using Islamic law, but it was rejected by non-Muslim founding fathers. Eventually, they agreed to use Pancasila as State’s fundament. The first principle of Pancasila stated ‘Believe in Almighty God’ is universal for all religions in Indonesia. “The Republic of Indonesia is neither religion state nor secular state. It is Pancasila-based state,” asserted him.

Hidayat further says that the Constitutional Court always implements the first principle of thePancasila. As known, the header of Court Verdict always begins with the phrase “For the sake of justice based on Believe in Almighty God”. According to him, the header is an assertion that justice upheld in Indonesia is justice that based on believes in Almighty God. In other words, Constitutional Justices (Hakim Konstitusi) are both responsible to the state and to the God.

Thus, Hidayat feels sad when heard justices and prosecutors commit bribery case. “There are two law attitude; making law and implementing law. Both shall be undertaken cautiously because we are responsible directly to the God,” asserted him.

Moreover, Hidayat argues that democracy system in Indonesia shall be implemented on believe in God. By implementing such principle, he believes that money politics could be prevented.

Constitution Guardian

Hidayat also asserts the important role of the Constitutional Court. He exemplifies that legislation establishment authorized by the House of Representatives is a political process regarding authority; however, politics shall be obliged to law after legislation established. In several countries which implementing judicial review, Acts enacted by legislatives may be annulled by constitutional court or equivalent institutions. “The existence of the Constitutional Court as the guardian of constitution is a form of law-politics balance,”

He explains that the Constitutional Court is designated as guardian of the Constitution and thePancasila. The Court is in charge in keeping prevailing legislation consistent and corresponds to the Constitution. He exemplifies on the annulations of Act of Water Resources; the Court asserts that water is not commercial commodity. When people buy bottled mineral water, Hidayat further says, what they bought is the packaging, not the water inside the packaging. Commercializing water is contrary to the Constitution and potentially cause conflict of interest.

Regarding regional elections dispute settlement, Hidayat says the Court already declare that the Constitutional Court’s authority to handle regional elections dispute settlement is contrary to the Constitution. However, Court Verdict provides transitional period where the Court still handle regional elections dispute settlement cases until particular judicial institutions established. “We already prepare entire instruments in regional elections dispute settlement,” said him. (Hendy Prasetya/Hanifah/IR/Prasetyo Adi N)   

 

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