Students of the Islamic Elementary School (SDI) Al-Achas Dwi Matra of South Jakarta visiting the Constitutional Court, Thursday (11/10). Photo by Humas MK/Ganie.

Eighty-six students and six teachers of the Islamic Elementary School (SDI) Al-Achas Dwi Matra of South Jakartavisited the Constitutional Court (MK) on Thursday afternoon (11/10/2018). They were welcomed by Constitutional Court researcher Intan Permata Putri in the Delegation Room at 4th floor. “This time you will learn about what the Constitutional Court is, why must there be a constitutional court,” said Intan alongside Vice Principal of SDI Al-Achas Dwi Matra, Zainuri.

At the time of the proclamation of Indonesian independence, said Intan, the Constitutional Court had not yet been formed. Because they felt that it was necessary, the legislators wished to form a constitutional judicial institution, which had largely existed in other countries.

“After the amendments to the 1945 Constitution, an article was inserted in the 1945 Constitution so that an institution would be formed to oversee the Constitution. The Constitutional Court is akin to police for laws. We have a statutory structure. The highest one is the Constitution. Supposedly, the spirits within the Constitution were relegated to the rules below it,” Intan explained while giving cartoon illustrations to help the students understand. She further said that the Constitutional Court may revoke the content of laws that contradict the Constitution.

Intan added that the Court also has the authority to decide authority disputes between state institutions whose authorities are regulated in the Constitution. In addition, the Court has the authority to decide upon the dissolution of political parties. “Maybe at this age you don’t understand the function of political parties yet, but when [you] turn seventeen, have the right to vote, [you] can carry out their obligations as good citizens [to vote]. Political parties have an important role in our country. The tasks of political parties include making political education for the public, not only those who have the right to vote, but also [for students like you],” she said. Intan said that the Court could dissolve political parties that go against the Constitution, for example because it does not follow the values ​​in Pancasila or the state ideology.

Intan also explained that the Court has the authority to decide disputes over the results of the general elections. “The Constitutional Court actually has the additional authority to decide upon disputes over the results of regional head elections. The election of regional heads elects regents, vice regents, mayors, vice mayors, governors, and vice governors,” she added.

Finally, the Constitutional Court has the obligation to decide upon the opinion of the House of Representatives (DPR) on the impeachment of the president and/or vice president who are suspected of violating the law or committing disgraceful acts. “In a sense, if the president and/or vice president cannot maintain [their leadership], the Constitutional Court will decide on a request submitted by lawmakers related to the violation,” Intan explained.

“When the Court decides on an impeachment, the decision will be returned to the legislative body and further processed. The follow-up on the Constitutional Court’s ruling [would be] the impeachment of the president,” Intan said. (Nano Tresna Arfana/LA)

Translated by: Yuniar Widiastuti