Social Sciences (IPS) students of SMA 1 Padang visiting the Constitutional Court, Tuesday (6/2). Photo by Humas MK/Ifa.

Eighteen Social Sciences (IPS) students of SMA 1 Padang visited the Constitutional Court, Tuesday (6/2/2018). They were welcomed by Substitute Registrar II Ery Satya Pamungkas at the Hall of the Constitutional Court.

Ery explained that every country has a constitution. "The constitution is something that is mutually agreed upon in a country. This is the highest rule in a state," he explained. In Indonesia, the Constitutional Court is the guardian of the Constitution. The Constitutional Court has to ensure that laws created by the parliament and president do not conflict with the Constitution. The Constitutional Court is a product of the Reforms and was formed in accordance with the third amendment to the 1945 Constitution. The Constitutional Court was established on August 13, 2003.

Ery explained 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.

Ery explained that the first Constitutional Court was founded in Austria in 1920 by Hans Kelsen. "The goal was that implementation of the provisions of the Constitution as the highest law can be guaranteed. This is where an institution that can review whether laws are contrary to the Constitution or not is necessary," he explained.

In the question and answer session, a student questioned the role of the Constitutional Court in eradicating corruption in Indonesia, especially in the regions. Ery stated that the Court as a judicial institution is passive and does not function like the law enforcement. The Constitutional Court is a revealer of facts. "For example, if there is a regional election dispute, and the regional budget is used for operations in the campaign," he explained.

Ery said that the Court\'s decisions are final and binding. There are no withdrawals or changes to the decisions that have been passed. "In essence, the Constitutional Court\'s decisions cannot satisfy all parties but all decisions indeed have consequences. It is common to [have positive and negative reactions]," he said. (ARS/LA)

Translated by: Yuniar Widiastuti