Visit by MGMP PKn SMP Bandung Municipality, Thursday (24/1). Photo by Humas MK/Ifa.

The Constitutional Court (MK) welcomed MGMP PKn SMP of Bandung Municipality on Thursday (24/1/2019). Court Researcher Alia Harumdani welcomed 47 participants in the Delegation Room. The visit was aimed at understanding more information about the guardian of the Constitution.

In the beginning, Alia explained that the Constitutional Court have four authorities and one obligation. The authorities are examining laws against the 1945 Constitution, deciding on authority dispute of state institutions, deciding on the dissolution of political parties, and deciding on disputes over election results. "The obligation is to make a decision on the opinion of the House of Representatives regarding an alleged violation by the president and/or vice president according to the 1945 Constitution,” she elaborated.

Alia explained that four parties may file a petition to the Court. They are individual Indonesian citizens, customary law communities, public or private legal entities, and state institutions.

In addition, Alia explained the mechanism of Constitutional Court proceedings. The first is preliminary examination. “In this process, the constitutional justices provide advice on the case for revision in case there are any mistakes,” she said.

After preliminary examination, Alia added, the case enters the examination hearing. In this phase, the parties involved shall prove their case by presenting experts and witnesses in the hearing. When presenting experts, Alia likened it to a correspondence, unlike what occurs in other courts where the parties sue.

“The parties—the Government, the Petitioner, the Relevant Party, may present experts. If it is not enough, the panel of justices can also present experts,” she elaborated. After this process, a conclusion is drawn from all parties.

Then, she added, the case enters the decision, which is made by the Constitutional Court. In this phrase, the justices hold the Justices Deliberation Meeting (RPH), which is confidential and closed. “During the deliberation meeting, only the nine justices are involved, as well as officials who have been sworn to confidentiality,” she said.

After the discussion was over, there was a question-and-answer session. A participant asked about the reasons that the Court used as consideration in deciding a case. Another participant asked about the possibility of re-election in the presidential election dispute or revocation of presidential election results.

Alia said that this is the prerogative right of the constitutional justices. Every justice has their own view in making a decision. This, she said, is inseparable from the facts in the field. “For example, in a certain year something is seen as a violation, but in the following year it is not,” she said. (Arif Satriantoro/LA/Yuniar Widiastuti)