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Constitutional Court researcher Nallom Kurniawan welcoming 12 members of Bethel Legal Aid Institute (LBH), Monday (24/1). Photo by Humas MK/Ifa.

Constitutional Court researcher Nallom Kurniawan welcomed 12 members of Bethel Legal Aid Institute (LBH), Monday (24/1/2018) in the Researcher Room of the Constitutional Court.

Nallom explained that the establishment of the Indonesian Constitutional Court had caused debate. That is because the Constitutional Court, a judicial institution, comprises of nine justices who can revoke laws. In fact, he added, a regulation had been made by 560 House members and the president. "However, the Reforms stress that the constitutional rights of citizens must be protected. This is the role carried by the Court," he said.

Nalom said any citizen can submit a judicial review petition to the Constitutional Court and the Court will judge whether the law is against the Constitution or not. Nallom said that Indonesian citizens must be grateful because not all citizens of other countries have legal standing to file a case at the Constitutional Court. He cited Austrian citizens who did not have legal standing. In world history, the first constitutional court was established in Austria. This is not quite right de facto because a few months earlier one had been established in the Czech Republic. "However, due to political upheaval, finally the Czech Constitutional Court did not carry out its activities. This is different from the Austrian Constitutional Court," he said.

The Constitutional Court of Indonesia has four authorities and one obligation of the Court granted by the 1945 Constitution. The authorities are the judicial review of laws against the 1945 Constitution, the resolution of interagency authority dispute, the resolution of legislative and presidential election result dispute, and the dissolution of political parties. One obligation granted to the Court is deciding on the House’s opinion of alleged violation committed by the president and/or vice president (impeachment).

Nallom explained that the authority to decide upon disputes over state institutions originated from the elimination of the highest state institution position held by the People’s Consultative Assembly (MPR) post-amendment to the 1945 Constitution. At present, there are only high state institutions. "Consequently, state institutions are equivalent. If there is a conflict, then it is resolved in the Constitutional Court," he stressed.

The authority to dissolve political parties by the Constitutional Court is a tribute to democracy. In a democracy, a political party cannot be dissolved by the executive power. "The dissolution process must be carried out in a fair law. This is the role of the Constitutional Court," said Nallom.

Impeachment, Nallom added, is to strengthen the presidential system. Impeachment of the president must go the legal process. "Before the amendment [to the Constitution], the process was fully political in the parliament. For example, former President Gusdur [Abdurrahman Wahid] was ousted by the 2001 political process [by the House]," he explained.

Regional election disputes and judicial review of laws are routine cases in the Constitutional Court. Of all the authorities and obligation, Nallom added, dissolution of political parties and presidential impeachment had never been handled by the Court.

In the question-answer session, Jonson Sirait asked about any friction among the constitutional justices when handling cases. Nallom said that differing opinions are common. "In deciding cases, there are always differences of opinion. [That is why] there are nine justices at the Constitutional Court. With this composition, if it does not reach a unanimous decision, a voting will be held because the justices are an odd number," said Nallom. (ARS/LA)

Translated by: Yuniar Widiastuti

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