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The Court welcomed student visit from Universitas Mahasaraswati Denpasar, on Thursday (21/1) in 11^th floor, the Constitutional Court Building. Photo PR/Ifa

 

 

 

Amidst the busyness in handling regional election dispute settlement, the Constitutional Court still opened opportunity for visit. Law faculty students and lecturers of Universitas Mahasaraswati Denpasar visited the Court on Thursday (21/1). Court’s researcher Fajar Laksono welcomed their visit in 11^th floor Meeting Room.

Beginning their explanation, Fajar said the Court had provided significant contribution regardless of its young existence.

“In spite of bad record that happened in the Court (Akil’s bribery case, ed.), the Court has positively contributes to democracy in Indonesia, particularly in settling regional election disputes,” said Fajar.

Fajar further said the Court had main authority in handling constitutional case, which is handling judicial review towards the 1945 Constitution. The authority is the main trait of constitutional court throughout the world. “Since the first constitutional court Austria Constitutional Court, the main authority of constitutional court is judicial review. That is the nature of constitutional court,” explained Fajar.

Constitutional Court History

Fajar also explained on constitutional court and judicial review history. The idea of judicial review was first coined by Supreme Court of the US when reviewed Act of Supreme Court in 1803, Fajar added. “That was the beginning of judicial review idea which later debated,” said Fajar.

Meanwhile, the idea of constitutional court was first coined by Austrian law expert Hans Kelsen, which later adopted in the amendment of Austrian Constitution in 1919. “According to Kelsen, an institution for guarding constitution should be established separated with the Supreme Court. Although it generated pro-con, constitutional court began to develop throughout the world. Indonesia also adopts the idea,” said him.

Answering student’s question regarding legally binding verdict, Fajar explained Court verdict begins in force since verdict announcement session. However, there is no sanction for parties who didn’t implement Court verdict. “The implementation of Court verdict depends on entire party’s awareness. If Court verdict didn’t implemented, the State could be considered as immature in implementing democracy,” said him.

However, Fajar optimists that Court verdict implemented well by entire people, including the House of Representatives (DPR) and government, as long as court proceedings conducted transparently. (Lulu Hanifah/Prasetyo Adi N)

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