The Australian Consortium for in Country Indonesian Studies (ACICIS) at the Constitutional Court, Thursday (11/1). Photo by Humas MK/Ganie.

Forty-six law students and instructor in the Australian Consortium for in Country Indonesian Studies (ACICIS) visited the Constitutional Court on Thursday afternoon (11/1/2018). Instructor Bernadetta Handayani said they would like to know the history of the Constitutional Court of the Republic of Indonesia as well as other constitutional court in the world.

They were welcomed by Court researcher Pan Mohamad Faiz at the ground floor hall. Faiz talked about “The Roles and Functions of The Indonesian Constitutional Court.” "One of the reasons for the amendment to the 1945 Constitution in 1999 to 2002 was because centralized the power in the hands of President Soeharto, who had served for 32 years," Faiz explained to the students.

The 1998 Reforms then occurred, initiated by university students from all over Indonesia who, along with mass movement succeeded in removing Soeharto from the presidency. "A number of demands arose during the reforms, including demands to build a better state constitution system. One of them is forming a constitutional court in Indonesia," Faiz said. 

Another reason, Faiz said, was the unclearchecks and balances system among state institutions in Indonesia. After the amendment, the structure of the Republic of Indonesia changed. The People’s Consultative Assembly (MPR) was originally the highest state institution. After the Reforms, state institutions whose authorities are contained in the 1945 Constitution have equal positions.

The Constitutional Court of the Republic of Indonesia (MKRI) on August 13, 2003. Indonesia is the 78th country in the world to have a constitutional court. Faiz also talked about the history of judicial review since Marbury v. Madison in 1803 in the United States.

Faiz also talked about two judicial review models: the decentralized system (American system) where both the Supreme Court and general courts may perform judicial review, and the centralized system (European system) where a separate, independent judiciary such as the Constitutional Court does it. Hans Kelsen, an Austrian constitutional law expert, proposed a constitutional court as an institution that conducts judicial review. The Austrian Constitutional Court was then founded in 1920.

Faiz explained that the Court has the authority to examine laws against the 1945 Constitution, decide on authority dispute among state institutions, decide on disputes over election results, and decide on the dissolution of political parties, and is obligated to decide on the House’s opinion of alleged violation committed by the president and/or vice president. He also said that the Court serves as guardian of citizens’ constitutional rights and human rights, and final interpreter of the Constitution.

A student asked about the Court’s role as a negative legislator. As a negative legislator, the Constitutional Court or other institutions cannot make laws, while the Parliament can as a positive legislator. Another student asked about the terms of office of the constitutional justices. Constitutional justices in Indonesia serve 5 year each term and can be reelected once. It is shorter than those in Germany and Turkey, who were elected for a 9-year term. (Nano Tresna Arfana/LA)

Translated by: Yuniar Widiastuti