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MA Asysyarifah Brumbung, Mranggen, Demak visiting the Constitutional Court on Thursday (25/1). Photo by Humas MK/Ifa.

The Constitutional Court (MK) welcomed students of Madrasah Aliyah (Islamic senior high school) Asysyarifah Brumbung, Mranggen, Demak on Thursday afternoon (25/1/2018). Court researcher Mahrus Ali welcomed them at the Constitutional Court Hall.

"The Constitutional Court is the police of laws. The laws must be in accordance with the Constitution. If there are laws that are not in line with the Constitution, they are brought to the Constitutional Court to be reviewed," Mahrus said to the students. 

Mahrus explained that the Constitutional Court’s duty is to interpret and explain to the litigating parties whether the laws being reviewed are contrary to the Constitution or not. "Judicial review petitions are registered to the Constitutional Court, whether by a group of people, individuals, or parties, who feel disadvantaged by certain laws," Mahrus said. 

Mahrus explained that the judicial review in the Constitutional Court is free of charge. In addition, the judicial review can be carried out by the petitioner’s legal counsel or by the petitioner without legal counsel. For example, once, a security guard who felt disadvantaged by the enactment of the Manpower Law litigated without legal counsel and his petition was granted by the Court. 

Mahrus then explained the differences between the Supreme Court (MA) and the Constitutional Court (MK). The tasks of the Supreme Court are more general than the Constitutional Court, which has four authorities and one obligation. The Constitutional Court\'s main authority is to review laws against the Constitution. Next, the Constitutional Court has the authority to decide on authority disputes between state institutions, the dissolution of political parties, and election and regional elections disputes. "General and regional elections disputes can be brought to the Constitutional Court should any candidate pairs are not satisfied with the results of the general election or regional election, to prove which candidate pairs win and lose," Mahrus said. 

Mahrus also talked about the Constitutional Court’s website, which display minutes of the hearings, resumes of petitions, decisions of the Constitutional Court, photos of the court proceedings and non-court activities, as well as Court publications. It also shows the profile of constitutional justices, which were nominated by the House, the President, and the Supreme Court. 

Legal Standing 

In the question and answer session, a student asked about the definition of the petitioner’s legal standing. "Legal standing of petitioners is regulated in the Constitutional Court Law. Anyone can submit petition for judicial review to the Constitutional Court or petitions on the general and regional elections disputes, as long as they meet the requirements. [They] do not have to be accompanied by an attorney; [they] may come alone," Mahrus explained. 

Mahrus said that the Constitutional Court’s Procedural Law is detailed and described in the Constitutional Court Law. One of the important requirements for filing a petition in the Court is the petitioner\'s constitutional loss, not in the sense of material loss. The petitioner’s constitutional rights must be harmed by the enactment of a law. 

Another student asked about the Court\'s decision regarding LGBT. Mahrus explained that in principle the Court did not agree with LGBT practices. The substance of the petition for judicial review of the Criminal Code Law concerns subjects that can be convicted, acts that can be convicted, both the acts that violate the law and the criminal sanctions. Those are under the authority of legislators. "It is the House’s duty to provide criminal sanctions," said Mahrus. (Nano Tresna Arfana/LA)

Translated by: Yuniar Widiastuti

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