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Students of the Graduate School of Law of Pakuan University, Bogor visiting the Constitutional Court on Wednesday (14/2). Photo by Humas MK/Ifa.

Constitutional Court (MK) researcher Luthfi Widagdo Eddyono welcomed 22 students of the Graduate School of Law of Pakuan University, Bogor on Wednesday afternoon (14/2/2018) in the Conference Room of the Constitutional Court.

Luthfi began his presentation by explaining the amendment to the 1945 Constitution, which led to almost 300% additional norms in the Constitution. "The significant addition of norms to the Third Amendment to the 1945 Constitution can be seen from the addition of two new institutions—the Constitutional Court and the Judicial Commission," he said.

Luthfi said the formation of the Constitutional Court in Indonesia was motivated by changes in the 1945 Constitution. "The MPR [People’s Consultative Assembly] used to be the highest state institution that interpreted the Constitution. However, after the amendment to the 1945 Constitution, the MPR is no longer the highest state institution, but a state institution. That is, when the MPR is no longer the highest state institution, there must be an institution that can interpret the Constitution, based on experience in many countries that have made [a transition to democracy]. From the authoritarian to a substantive democracy, then an institution called the Constitutional Court was established," he added. 

There were debates about the Constitutional Court since the first amendment to the third. The function of the Constitutional Court, he added, was intended for the Supreme Court. However, during discussion, there was a rejection because the number of cases in the Supreme Court was too high, so a Constitutional Court should be established as an institution that is separate from the Supreme Court. 

Lutfi added, the Constitutional Court was given four authorities and one obligation. The main authority is to examine laws against the Constitution. "In the academic construction, there are 3 judicial review models. First is the judicial preview model as applied in France. Before a law is passed, it must first be consulted with the Constitutional Council, before it can be passed into law," he said. 

The second model is applied in by the Supreme Court of the United States. The third model, as applied by the Constitutional Court of the Republic of Indonesia (MKRI), is where the constitutional justice institution is separate from the Supreme Court and is independent. "[This is] like in most European countries, for example Germany. MKRI is the 78th constitutional court in the world. Countries that have a constitutional court, in addition to having the authority to examine laws against the Constitution, have the authority of constitutional complaints and constitutional questions," said Lutfi. 

Luthfi said the Indonesian Constitutional Court adopt the judicial review, but does not adopt constitutional complaint and constitutional question.

The Court also has the authority to decide authority disputes between state institutions, the dissolution of political parties, disputes over the results of the presidential and legislative election. He also talked about the resolution of disputes over the results of the regional head election. 

"Initially the Constitutional Court did not have the authority to handle regional election disputes, but the Supreme Court did. Then, after a lot of consideration, the legislators considered the Constitutional Court as the institution to decide Pilkada [regional election] disputes," Luthfi said. (Nano Tresna Arfana/LA)

Translated by: Yuniar Widiastuti

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