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Senior researcher of the Constitutional Court Pan Mohamad Faiz welcoming the International Studies of University of Indonesia (UI), Wednesday (30/1) in the Hall of the Constitutional Court. Photo by Humas MK/Ifa.

The Constitutional Court (MK) welcomed Flinders University students in the Hall of the Constitutional Court. Around thirty exchange students participated in the visit, which was aimed at understanding the Constitutional Court and its authorities.

Senior researcher Pan Mohamad Faiz welcomed the students and delivered a presentation on “Functions and Authorities of the Constitutional Court.” He explained that the birth of the Constitutional Court started during the 1998 Reform. The 1998 Reform, he added, provided a background to the amendment of the 1945 Constitution that led to the establishment of the Constitutional Court.

He further explained four authorities and one obligation of the Court granted by the 1945 Constitution. The authorities are the judicial review of laws against the 1945 Constitution, the resolution of interagency authority dispute, the resolution of legislative and presidential election result dispute, and the dissolution of political parties. One obligation granted to the Court is deciding on the House’s opinion of alleged violation committed by the president and/or vice president (impeachment).

Faiz explained that there were two models of judicial review—decentralized and centralized. In countries that adopt the decentralized judicial review, the judiciary from the district courts to the Supreme Court can review laws, for example the United States of America. Those that adopt the centralized judicial review appoint one institution to carry out the authority of reviewing laws.
“The Constitutional Court of the Republic of Indonesia adopts the centralized system. The model is also called the European model because it is developed in European countries, or the Kelsenian model because it was created by Hans Kelsen,” he elaborated.

He added that this was also what distinguished the Constitutional Court and the Supreme Court. The Constitutional Court reviews the constitutionality of a law, while the Supreme Court reviews the legality of a regulation under the law, such as Perppu (regulation in lieu of law), PP (government regulation), Perda (regional regulation), Perpres (presidential regulation), and so on. 

Faiz revealed that the Court had never handled a petition on the dissolution of political parties. However, he added, this authority emerged because Indonesia had experienced the disbandment of political parties without going through a judicial process. The authority of the Constitutional Court to examine political parties that are considered anti-Pancasila, according to Faiz, is an attempt to protect the constitutional rights of political party members.

"During the Soeharto and Sukarno eras, political parties were disbanded solely based on rumors without the opportunity for the political party members [to defend themselves]. Therefore, now the dissolution of political parties must go through a hearing and receive a verdict that has legal force. This is to protect the constitutional rights of political party members," he explained.

During the visit, Faiz also explained the characteristics of the Court decisions that are erga omnes. He gave an example that when a petition of judicial review of a law was granted by the Constitutional Court, the decision would not only apply to the Petitioner(s), but for all the Indonesian people.

Faiz then explained the recruitment process of constitutional justices, that is, through nomination by three institutions--the President, the House, and the Supreme Court. He stressed that although nine constitutional justices were elected, three justices by each institution, when appointed as constitutional justices, the candidates did not carry the interests of the nominators. "The selection of constitutional justices by the three institutions is the implementation of checks and balances mechanism. For example, even if nominated by the president, the constitutional justices may not side with the interests of the President. Constitutional justices let go all of their interests when elected," he explained.

After hearing the explanation about the Constitutional Court, the students visited the Constitution History Center (Puskon) located on the 5th and 6th floors of the Constitutional Court Building. They studied the history of the constitution and its development with a variety of interesting interactive and modern instruments. (Lulu Anjarsari/Yuniar Widiastuti)

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