Constitutional Court researcher Bisariyadi welcoming students of the Bandar Lampung University (UBL) on Monday (12/11) in the Conference Room of the Constitutional Court. Photo by Humas MK.

The Constitutional Court, represented by researcher Bisariyadi, welcomed students of the Bandar Lampung University (UBL) on Monday (12/11/2018) in the Conference Room of the Constitutional Court. He proceeded to explain the Constitutional Court and its authorities.

In his presentation, Bisar explained that the Constitutional Court was born during the Reforms as a result of the Amendment to the 1945 Constitution, which took place in 1999-2002. In 2003, a very crucial Amendment to the 1945 Constitution for the birth of the Constitutional Court was the amendment to Article 1 paragraph (2) of the 1945 Constitution. Previously, he added, people\'s sovereignty was in the hands of and carried out by the MPR (People’s Consultative Assembly). Initially, Soepomo wanted Indonesia as an integral country that made the MPR its soul; a place of discussion for all groups. But now the authority of the MPR is limited and the power of sovereignty is in the hands of the people and carried out by the 1945 Constitution. "According to Prof. Jimly, this is one form of constitutionalism. Power is limited by the Constitution," he explained before 54 students.

The Constitutional Court then was established as the interpreter of the Constitution, which is realized in its decisions of judicial review of laws against the 1945 Constitution. “Only of laws against the 1945 Constitution. No regulation under the laws will be reviewed by the Constitutional Court. Government regulations, ministerial regulations, regional regulations, and presidential regulations are not reviewed by the Constitutional Court but by the Supreme Court,” he stressed.

Bisar also explained the difference between the judicial review by the Constitutional Court and the Supreme Court, which is the reference used. The Supreme Court reviews regulations under laws against laws, while the Constitutional Court reviews laws against the 1945 Constitution. “There are 37 articles in the 1945 Constitution but the most used as reference are those related to human rights,” he said.

However, Bisar said there is an overlap between human rights and constitutional rights, while in fact not all human rights are constitutional rights. “Constitutional rights are rights guaranteed by the Constitution. If a certain right is not mentioned [in the Constitution], it is called legal rights. Law No. 39 of 2009 regulates human rights, such as the rights to vote and to be elected,” he explained. (Lulu Anjarsari/Yuniar Widiastuti)