Garut Law School (STH) students visiting the Constitutional Court, Wednesday (10/1). Photo by Humas MK/Ifa.

The Constitutional Court welcomed students of the Garut Law School (STH) Wednesday (10/1/2018), represented by researcher Ananthia Ayu Devitasari, at the Delegation Room. The Constitutional Court\'s decision on LGBT was an interesting topic during the visit. Ayu explained the decision to answer a participant who asked about it and the reason the Court rejected the Petitioner\'s petition. The Constitutional Court cannot create a new norm because it is not a positive legislator. "In some cases, the Constitutional Court has indeed made a norm, but it does not involve criminal law," he stressed.

Ayu said that the petition was related to the expansion of offense, when an act that was not initially criminal is to be criminally charged. This cannot be done by the Court because it involves human rights. If criminal sanctions are to be expanded, it is the House’ authority and to be formulated more systematically. "The point is that the Court is not pro-LGBT. However, yesterday\'s decision was more about technical legal issues," he explained.

Ayu explained that the Constitutional Court has four authorities and one obligation of the Constitutional Court. The authorities are examining laws against the 1945 Constitution, deciding on authority dispute among state institutions, deciding on the dissolution of political parties, and deciding on disputes over election results. The Court is also obligated to decide on the House’s opinion on an alleged violation of law committed by the president and/or vice president.

Ayu revealed the idea to establish the Constitutional Court had existed early after independence and was initiated by Muhammad Yamin, but was rejected by Soepomo. At that time, Yamin proposed the Supreme Court to examine the law, but this did not happen because there were not many qualified law graduates at that time.

Translated by: Yuniar Widiastuti