Court Decisions Follow Godly Values
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Chief Justice Anwar Usman delivering a general lecture to the students of the Jambi University at the Rectorate Hall of the Jambi University, Friday (23/11).

Every court decision always starts with the phrase “For justice under God Almighty,” not “for justice according to law.” This is in line with the teachings of all religions in Indonesia. This was conveyed by Chief Justice of the Constitutional Court Anwar Usman before the students of the Jambi University at the Rectorate Hall of the Jambi University on Friday (23/11).

Justice Anwar said that the Constitutional Court was an institution that serves to guard the state foundation, because if the foundation crumbled, the state would also collapse. In order to guard the foundation, the Constitutional Court has several authorities and obligation.

Justice Anwar explained the world’s history of the establishment of the Constitutional Court, which started with an ultra petita decision by the United States Supreme Court, which was then adopted by Austria, pioneered by Hans Kelsen. The idea of the establishment of the Indonesian Constitutional Court, he said, was not new because it was discussed in the meeting of the BPUPK (Investigating Committee for Preparatory Works for Independence), which prepared the Indonesian Independence.

In the meeting, Mohammad Yamin proposed an institution that would examine laws against the Constitution, but the idea was rejected by Supomo, who reasoned that Indonesia did not have enough law graduates and the judges were not used to reviewing laws against the Constitution.

Justice Anwar continued, the 1998 Reform led Indonesia to the amendment to the Constitution, which then gave birth to the Constitutional Court. The amendment stipulates that the judicial power is executed by a Supreme Court and the courts under it, and a Constitutional Court. The Bima-born (NTB) chief justice explained that the decision of the Constitutional Court was different from that of general courts, in that it is final and binding. No legal action could be taken to remedy it, while other court rulings may be remedied by other legal actions, such as appeal, cassation, and review.

Other authorities of the Constitutional Court are deciding on disputes between state institutions, deciding on dissolution of political parties, deciding on the dispute over the results of the general elections. One obligation of the Court is deciding on the opinion of the House when the president and/or vice-president has committed a criminal offense.

Quoting Vice President Jusuf Kalla\'s statement, elections in Indonesia are the most complicated electoral process in the world due to the one-vote-one-value principle, according to Anwar, with the latest developments the elections would be more complex because it elections of the members of the House of Representatives, Regional Representatives Council, Provincial Representative Council, District/Municipal Representative Council, and President-Vice President would be carried out simultaneously.

The event managed by the Court’s Center for Research and Case Review in collaboration with the Law Faculty of the Jambi University took place on November 23-24, 2018. It was followed up with a Focus Group Discussion on the 2019 Simultaneous Elections and the Election Result Dispute Resolution at the Constitutional Court. The event was attended by Acting Governor of Jambi Fahrori Umar, Rector of the Jambi University Joni Najwan, and Head of the State Administrative Court Irhamto.


Wednesday, December 19, 2018 | 10:41 WIB 185