Chief Justice of the Constitutional Court Anwar Usman delivered a speech at the 56th Anniversary of Brawijaya University on Saturday (5/1) in Samantha Krida Building, Brawijaya University, Malang. Photo by Humas MK/Yuwandi.
Chief Justice of the Constitutional Court Anwar Usman delivered a speech at the 56th Anniversary of Brawijaya University (UB), Malang, Saturday (5/1/2019) in Samantha Krida Building, Brawijaya University, Malang, East Java. In his speech with the theme of "The Role of the Constitutional Court in Building the Future of Indonesian Civilization and State Administration as a Constitutional State of Law," Justice Anwar said the Court continued to strive to realize the nation\'s ideals of prosperity as mandated by the 1945 Constitution. According to him, the Constitutional Court makes contribution by overseeing the constitutionality of norms of laws.
"Several judicial review (PUU) cases in of laws in the Constitutional Court have become relevant to be elaborated in writing. This is a manifestation of the commitment of the Constitutional Court in its contribution in realizing the ideals of the state," he explained.
Justice Anwar gave an example of the Constitutional Court giving an interpretation of the meaning of the phrase \'controlled by the state\' on production sectors that are vital to the state and that affect the livelihood of a considerable part of the population, as stated in Article 33 Paragraph (2) of the 1945 Constitution, in the judicial review of Law No. 22 of 2001 on Oil and Gas.
"The interpretation by the Constitutional Court on the phrase \'controlled by the state\' in the case has given responsibility to the state, especially the Government, to manage natural resources for the welfare of the people," he explained.
Readiness in Welcoming 2019 Electoral Disputes
In the event, which was also attended by the Mayor of Hebron Tayseer Abu Sneineh, the Regional Leadership Deliberation of Malang Raya, heads of banks, and several agencies that collaborated with Brawijaya University, Justice Anwar also conveyed various attempts by the Constitutional Court to guard the constitution, in health, welfare, democracy, and state administration. According to him, the Constitutional Court (MK) had prepared all tools for handling 2019 electoral disputes. The readiness includes instruments such as Constitutional Court Regulations and human resources that will handle the electoral dispute process.
Anwar said the Court was ready to resolve conflicts resulting from disputed results calculation of the legislative election (Pileg), presidential election (Pilpres), and election of Regional Representatives Council (DPD).
"The Constitutional Court is ready with instruments, among others, the Constitutional Court Regulations has been made in such a way. There are five Constitutional Court Regulations and they have been socialized to all election political parties, including advocate organizations, community organizations, how to deal in case of dispute on the presidential election," said Justice Anwar.
Justice Anwar claimed to have anticipated the possibility of disputes over the results of the KPU (General Election Commission) calculation by the regional election participants. The implementation of legislative election and presidential election will be anticipated. "So not only the legislative election, but the presidential election is also likely to end up in the Constitutional Court like in 2014. Therefore, once again the Constitutional Court is ready no matter how many cases will be registered for the legislative election, the Court has prepared facilities, HR, registrars of justices, and all existing officials in the Constitutional Court," he said firmly.
Justice Anwar also stressed that, based on the mandate of the law, one of the authorities of the Constitutional Court was to decide on the dispute over the results of the general elections. The Petitioners will be asked to describe fraudulent events that can affect vote acquisition, while the Respondent or KPU will provide an argument for the calculations related to the incident.
"Unless there is no dispute, the KPU\'s decision is the basis for the inauguration. Whoever is elected as president, if there is any dispute, as long as it has not been decided, whoever is elected cannot be determined yet," he asserted. (Utami/Yuwandi/Yuniar Widiastuti)
Monday, January 07, 2019 | 18:12 WIB 204