Head of the Public Relations and Protocol Bureau Rubiyo showing the application Click MK through his mobile phone to the participants of the Leadership Training of the State Administration Agency (LAN) Batch 1, Thursday (15/2) in the Delegation Room. Photo by Humas MK/Ifa.

Head of the Public Relations and Protocol Bureau Rubiyo welcomed the participants of the 2018 Leadership Training of the State Administration Agency (LAN) Batch 1 in the Delegation Room, Thursday morning (15/2/2018).

In his opening presentation, Rubiyo explained that the Constitutional Court was a product of the Reform in accordance with the third amendment to the Constitution. The most essential authority of the Constitutional Court is to judicial review of laws against the 1945 Constitution. The Constitutional Court can cancel legal products made by the Parliament and the government. This authority, he added, did not occur during the New Order.

Rubiyo explained that the discourse on the authority to review the law already existed in the pre-independence era. Mohammad Yamin proposed a Supreme Court for reviewing laws during a session of the Investigating Committee for Preparatory Works for Independence (BPUPKI). The idea was rejected by Soepomo because the Constitution did not follow trias politica and because there were not many qualified law graduates at that time. 

Rubiyo also 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.

Rubiyo also explained that the Constitutional Court has the Klik MK application, which can be downloaded into mobile phones. The public can see all kinds of information related to the Constitutional Court such as schedules, minutes of hearings, and video conferences on the application.

After the presentation, participant Neni asked how the Constitutional Court regulates the integrity of its justices, as a few Constitutional Court justices had been indicted of crimes. Rubiyo stated that the Court has an Ethics Board. "It oversees the acts and behaviors of the justices. There is even an Honorary Council of the Constitutional Court (MKMK), an ad hoc council to adjudicate severe ethical violations," he explained.

Another participant, Andi Erizal, questioned the possibility of the Constitutional Court having consultations with the House or a kind of judicial preview related to a law, in comparison to Romania and France. "The Constitutional Court in Indonesia does not have such authority (judicial preview). What the Court can do is judicial review. In my opinion, the Indonesian Constitutional Court is culturally different, so that its legal practices are also different," he said. (ARS/LA)

Translated by: Yuniar Widiastuti