Study Group Association (Gapokjar) of Greater Jakarta visiting the Constitutional Court (MK), Thursday (24/1). Photo by Humas MK/Ganie.

Several university students of various departments affiliated with the Study Group Association (Gapokjar) of Greater Jakarta asked questions during their visit to the Constitutional Court, Thursday (24/1) afternoon. They were welcomed by Court researcher Alboin Pasaribu in the Delegation Room of the Constitutional Court.

A student wondered if the recruitment of constitutional justices by three governmental elements—the Government, the House of Representatives, and the Supreme Court had any political motive. Alboin denied the notion. “I don’t believe so. This, in fact, shows that there is checks and balances among the executive, legislative, and judicative institutions,” he said.

Alboin explained that the requirements and recruitment of constitutional justices vary between countries. Some were nominated by the senate and then proposed to the House of Representatives. Some were selected by the House, some by the Supreme Court. “[There are many studies on the recruitment mechanism of constitutional justices]. [I don’t think there is a political motive]. In fact, this is to balance the three branches of the state power,” he said.

Constitutional justices must possess impartiality, independence, and non-political quality in carrying out their duties. “When someone has been appointed a constitutional justice, they must let go of any political interest and political party affiliation that they had,” Alboin explained.

Furthermore, Alboin added, Constitutional Court decisions are not only made by one or two constitutional justices. There are often dissents within the Court decisions, which reflect the independence of a constitutional justice.

Another student asked about the implementation of the law in case of human rights violation. Alboin stressed that no human right shall be violated and no violation shall be ignored.

“The Constitutional Court is called for to guard the enforcement of human rights. When a human right violation case is brought before the Constitutional Court, the Court will prioritize [it]. This is because it is the spirit of the establishment of the Constitutional Court. When the Constitutional Court was mandated to guard the Constitution, it was also mandated to protect human rights. Including to protect the constitutional rights of the citizens,” Alboin affirmed.

Another student asked about the indicator for the Constitutional Court being a negative or positive legislator. “There is not indicator dictating when the Constitutional Court should be [a negative or positive legislator]. This is a widely debated topic about the Constitutional Court. In its decisions, although people say that the Constitutional Court tends to be a positive legislator, the Court in fact also often reins itself,” Alboin explained.

During the visit, Alboin explained the world’s history of the judicial review. He also touched upon the authorities and obligations of the Constitutional Court as well as several landmark decisions by the Constitutional Court. (Nano Tresna Arfana/LA/Yuniar Widiastuti)