Law students of Social Sciences Faculty of Muhammadiyah University Purworejo (UMPWR) in the Delegation Room of the Constitutional Court, Tuesday (11/12). Photo by Humas MK/Ganie.

Culture determines how a country applies the law. This was conveyed by Constitutional Court researcher Nalom Kurniawan when welcoming 25 students of the Law Study Program of the Social Sciences Faculty of Muhammadiyah University Purworejo (UMPWR) in the Delegation Room of the Constitutional Court, Tuesday (11/12/2018). Nalom further highlighted the differences between the Indonesian Constitutional Court and that of other countries. He said that in constitutional courts in Europe, court agenda is like a cassation hearing, closed and strict, so that the public does not know about the ongoing court process. This is unlike the Constitutional Court of Indonesia (MKRI) whose hearings are open for public. Its transparency and ease of access are also indicated by the Court’s effort to provide access to justice by opening video conference rooms in 42 state universities all across the country.

However, Nalom admitted, the facilities have not been utilized optimally by the communities living far from Jakarta, where the Court is located. He attributed that to the possibility of the public’s preference of face-to-face interaction. He hoped that in the future, the video conference facilities can be utilized by university students to watch Court hearings and to participate in general lectures.

He also touched on another difference between the Indonesian Constitutional Court and that of other countries, that is, the composition of constitutional justices. Of the nine constitutional justices, three are nominated by the president, three by the Supreme Court, and three by the House. This balance, he added, will minimize domination of interest. “Through the recruitment by the three components, the Constitutional Court has indirectly performed self-supervision, although in practice the Court then formed an ethics council serving to supervise the constitutional justices. So, the supervisory function in the Court is complete,” he explained.

Nalom explained that the resolution of each case in Court takes a long time, at least 5-6 months if all stages are followed. This is not due to the Court’s system only, but also depends on the litigants, as well as the substance of the petition—because the decisions will be scrutinized in the deliberation meeting (RPH), as they are final and binding.” If the stages of the hearings are cut, the Court will be violating the impartiality and transparency principles that it holds on to,” he elaborated.

Also joining the visit were Head of the Law Study Program of the Social Sciences Faculty Agus Budi Santoso and four other lecturers. Agus explained that the visit to the Court was to facilitate the students to watch Court hearings as well as to understand the history and functions of the Constitutional Court within the judicial system of Indonesia. (Sri Pujianti/LA/Yuniar Widiastuti)