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Chief Justice Anwar Usman opening the Technical Assistance on the Procedure of the 2019 Elections Results Dispute Resolution (PHPU) for Berkarya Party, Wednesday (6/2) at the Pancasila and Constitution Education Center of the Constitutional Court. Photo by Humas MK/Ilham.

The Chief Justice of the Constitutional Court (MK) Anwar Usman opened the Technical Assistance on the Procedure of the 2019 Elections Results Dispute Resolution (PHPU) for Berkarya Party at the Pancasila and Constitution Education Center of the Constitutional Court, Wednesday (6/2/2019).

In his speech, Justice Anwar said that the effort to establish an institution with the authority to examine laws had been proposed for a long time by Soepomo to withdraw the judicial review authority of the Supreme Court, in contrast many countries in Africa that have constitutional courts.

Anwar also explained that with the existence of the Constitutional Court, the President can no longer arbitrarily dissolve political parties as had happened when President Sukarno dissolved Masyumi. In addition, with the existence of the Constitutional Court as stipulated in the constitution and laws and regulations, the President cannot be impeached by political institutions.

In addition, he said that while in the judiciary, both as a judge in the general court and as a constitutional justice, not all parties can be satisfied with and accept court decisions; there are always parties who feel disadvantaged by court decisions.

The issue of justice is very dependent on the conscience. As Mahatma Gandhi said, justice can only come from the holiest of hearts. The highest court according to Mahatma Gandhi is the court of conscience,” he said.

As a constitutional justice, Justice Anwar stressed that the nine constitutional justices are independent. "Even so, we still have political rights, but that will be [exercised] on April 17, 2019," said the Bima-born man.

He also motivated the participants to keep on doing their best because the legislative candidates were destined to come to the House, the same way that he hadn\'t expected of becoming Chief Justice of the Constitutional Court. “Even being a Constitutional Justice was never in my mind. The position one holds must be a means of worship for them. Work as if you will live forever, and chase the afterlife as if you will die tomorrow. When you are elected as members of the legislative or occupy any position, make that place for worship, not to amass wealth,” Justice Anwar said.

According to him, the technical assistance was held so that the legislative candidates who objected to the vote results announced by the General Election Commission (KPU) would be informed about the proceedings at the Constitutional Court. "Or maybe when the votes of the Berkarya Party are questioned by other parties, [you] are already prepared to deal with the dispute in the Constitutional Court," he explained.

In the activity attended by 160 participants from the Central and the Regional Executive Boards of the Berkarya Party, Justice Anwar also advised that the participants uphold the greater unity and interests of the nation. "Friends, as politicians, don\'t make enemies of others even if you have conflicting interests and political views," he said.

In his speech, Secretary General of the Central Executive Board of the Berkarya Party Priyo Budi Santoso said that he had been involved in the formation of the Constitutional Court since the discussion of amendment to the Constitution to the establishment of the Constitutional Court Law. According to him, the discussion on the formation of the Constitutional Court had taken quite a long time, both politically and academically, regarding the need to form the Constitutional Court.

Priyo also explained various reasons behind the Government\'s decision to form the Constitutional Court, for example the decree of President Abdurrahman Wahid, followed by a fatwa by the Supreme Court that the decree was illegal, as well as the People\'s Consultative Assembly\'s decision to impeach him because of the decree. The formulators of the amendment to the Constitution at that time, he added, did not want the president to be impeached and political parties be dissolved without due process, like what happened when Masyumi had been dissolved by Sukarno. (Ilham/LA/Yuniar Widiastuti)

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