Asian Law Student Association of Universitas Jember listened to Court’s researcher Nallom Kurniawan (not seen in picture), on Wednesday (25/11) in Ground Floor Hall, the Constitutional Court Building. Photo PR/Ganie

Asian Law Student Association of Universitas Jember visited the Constitutional Court on Wednesday (25/11). Court’s researcher Nallom Kurniawan welcomed their visit in Ground Floor Hall, the Constitutional Court Building. The visit aimed to figure out Court’s jurisdictions, according to the visitor leader Hadian

“What is the purpose of Constitutional Court establishment? We would like to learn more on Court’s jurisdictions in which the information of it directly given from Court’s internal staffs,” said Hadian.

Nallom began his speech by explaining constitutional court history. The idea of constitutional court was coined by Austrian constitutional law expert Hans Kelsen in 1919. Kelsen argued that constitution should be guarded by court. In 1920, the first constitutional court was established in Austria.

“The establishment of constitutional court was generated by Marbury v Madison case in the United States,” said Nallom.

Nallom then explained on Marbury v Madison case which occurred during governance transition from John Adams to Thomas Jefferson in 1800. Before Adams’ term end, he appointed his colleagues as government officials, including judges. The appointments were yet delivered to authorized officials because Jefferson was sworn in as President on the following days. Jefferson then refused to deliver remaining appointments. One of the appointed judges William Marbury was objected due to his appointment was already signed by the Senate. Marbury filed his objection to the Supreme Court of the US, requesting the Supreme Court to force the new Secretary of State James Madison, to deliver the documents. Marbury’s petition was therefore denied. Since then, the term judicial review emerged.

Nallom also delivered brief history of judicial review in Indonesia. Moh Yamin first coined the idea of ‘comparing laws to the Constitution’. However, Soepomo disagreed because the Constitution wasn’t adopted trias politica system. Decades later, the Constitution was amended during the Reformation. The legislators again proposed the idea of judicial review and the Constitutional Court of the Republic of Indonesia was established later in August 13, 2003.  

Nallom then explained on Court’s jurisdictions. According to him, the Court has five jurisdictions as stipulated by the Constitution; constitutional review of legislation (law), disputes about constitutional competence between state institutions, disputes about electoral results, dissolution of political parties, and impeachment of the president or vice-president. “The Court’s existence is as corrector of constitutional practices in the past,” Nallom added. (Nano Tresna Arfana/IR/Prasetyo Adi N)