Constitutional Justice I Dewa Gede Palguna during visit from Pelita Harapan University (UPH), Friday (8/2) at the Constitutional Court. Photo by Humas MK/Ganie.

The Constitutional Court welcomed 31 students from the Murdoch University Australia and the Pelita Harapan University (UPH). The students were welcomed by Constitutional Justice I Dewa Gede Palguna and senior researcher Pan Mohamad Faiz in the Delegation Room of the Constitutional Court on Friday morning (8/2/2019).

Before the main discussion, Faiz explained that Constitutional Justice I Dewa Gede Palguna was serving his second tenure in the Constitutional Court. He had first served as a constitutional justice for the 2003–2008 term, and then for the 2015–2020 term.

Justice Palguna explained about the Constitutional Court, which consisted of nine justices. The president, the House, and the Supreme Court each nominated three justices.

He also talked about the amendments of the 1945 Constitution that brought fundamental changes to the country. The amendments, he said, served to strengthen Indonesia as a democracy. The Constitution prior to the amendments had not reflected it, he said. “The mandate of the reform era is Indonesia as a democracy. This influenced the Constitution, which was then amended,” he explained.

In addition, Justice Palguna said that the Constitutional Court of the Republic of Indonesia, established on August 13, 2003, is the 78^th constitutional justice in the world. It was established as a result of an amendment to the1945 Constitution. The Court, he said, had four authorities and one obligation. 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. “The obligation is deciding on the House’s opinion of alleged violation committed by the president and/or vice president according to the 1945 Constitution,” he said.

He also detailed four parties who can file a petition to the Court. They are Indonesian citizens, customary law groups, public and private legal entities, and state institutions. The Court, he said, adopted the Kelsenian stystem, where a judicial review can only be performed by a singular, independent judiciary such as the constitutional court. In another model, the American system, the judicial review can be performed by the Supreme Court or other courts at different levels.

Justice Palguna also said that the Court’s decisions are erga omnes because it must be followed and is legally binding for all citizens. If a law that has been revoked is revised with the same content, the Court will refer to its ruling. (Arif Satriantoro/LA/Yuniar Widiastuti)