Students of Pancasila and Civic Education (PPKn) major of the Institute of Teacher Training and Education (IKIP) Veteran Semarang, Thursday (18/1). Photo by Humas MK/Ifa.

The Constitutional Court welcomed 19 students of Pancasila and Civic Education (PPKn) major and 4 lecturers from the Institute of Teacher Training and Education (IKIP) Veteran Semarang, Thursday morning (18/1/2018).

Court researcher Winda Wijayanti, who welcomed them, first talked about the history of judicial review in Indonesia. It started when member of the Investigating Committee for Preparatory Works for Independence (BPUPK) Mohammad Yamin proposed a Supreme Court for reviewing laws. The idea was rejected by Soepomo the Constitution did not follow trias politica and because there were not many qualified law graduates at that time.

Winda also explained that since its establishment in August 13, 2003, the Court exercises four authorities and one obligation. 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.

She also explained the procedure of litigating in the Court. First, the petitioner comes directly to the registrar to be recorded in the case registration. They will be given a check list form and a disposition form. Petitioners can also access the Court’s website and upload a soft copy of the petition, which will be given a receipt. They are required to submit 12 written copies of the petition.

The Court, she said, has recapitulated the cases registered in 2003-2018 through the website. The highest number of cases is judicial review cases at 1,138, state institution authority dispute cases at 25, legislative and presidential elections results dispute cases at 71 comprising of 657 issues, and regional election results dispute cases at 910. Winda also revealed that the Court has annulled Electricity Law, Terrorism Law, Educational Legal Entity Law, Cooperation Law, Constitutional Court Law, and Water Resource Law.

"Entire laws [declared] null and void has implications that laws that contradict the 1945 Constitution do not have binding legal force as a whole. So, to prevent legal vacuum, old laws were declared valid until legislators ratified new laws," Winda explained. 

During the question-answer session, a student asked about the legal basis of the Constitutional Court’s authorities. The authorities were granted by Article 24C of the 1945 Constitution, which states that the Constitutional Court has the authority to adjudicate at the first and last level, its examination of laws against the Constitution is final.

"In this case the Constitutional Court is only a negative legislator, not as a positive legislator. The Constitutional Court cannot create a new legal norm, but only cancels laws and state that a law does not have binding legal force if it is contrary to the Constitution," said Winda. (Nano Tresna Arfana/LA)

Translated by: Yuniar Widiastuti