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Students of the Syariah Faculty of UIN Sunan Gunung Djati Bandung visiting the Constitution History Center, Thursday (27/2). Photo by Humas MK/Aufa.

JAKARTA, Public Relations of the Constitutional Court—As many as 125 students of the Syariah Faculty of the State Islamic University (UIN) Sunan Gunung Djati Bandung visited the Constitutional Court on Thursday (28/2/2019). They were welcomed by researcher Titis Anindyajayati in the Delegation Room of the Constitutional Court.

Titis presented material on the Procedure of the Constitutional Court, which covered 12 parts: introduction, submission of petition, registration of petition and scheduling of session, evidence, preliminary examination, preliminary hearing, decision, judicial review of law against the Constitution, dispute between state institution whose authorities were granted by the Constitution, dissolution of political party, election results dispute, House opinion on alleged violation committed by the president and/or vice president.

Titis said that before the proceeding starts, the petitioner file a petition. After the petition is registered and scheduled for hearing, the preliminary examination hearing is held with three constitutional justices attending. The hearing is called a panel hearing.

“In the preliminary hearing [the constitutional justices offered] recommendations, respond to the initial petition, recommend petition revision, ask about the petitioner’s constitutional loss, correct the mistakes on the [impugned] article, and so on,” Titis elaborated in the presence of lecturer Dede Kania.

The next hearing is the petition revision hearing. The revised petition is then brought to the Justices Deliberation Meeting (RPH), in which all nine constitutional justices attend.

“In the deliberation meeting, it is decided whether the petitioner’s petition be followed up or not. If it is, there will be more hearings, such as the evidence hearing, where [the Court] hears the statements of the House of Representatives, Government, experts for the petitioner, experts for the Government, and so on,” Titis explained. Then, there will be a ruling hearing.

In addition, Titis also explained the authorities of the Constitutional Court: examining laws against the 1945 Constitution, deciding on authority dispute of state institutions whose authorities were granted by the 1945 Constitution, deciding on the dissolution of political parties, and deciding on disputes over general/regional election results. The Court also has one obligation, to decide on the alleged violation committed by the president and/or vice president. 

Titis also mentioned latest Court decisions, such as that on the Regional Representatives Council (DPD) petitioned by Muhammad Hafidz. He requested the judicial review of Article 182 letter i of the Election Law that stipulates that DPD members cannot also be political party functionaries.

“So [one] has to choose between [being] a DPD member of a political party functionary. The Constitutional Court then decided that DPD members must be free of the hegemony of political party. The decision became a hot topic after linked with the case of Oesman Sapta Odang,” she said.

In the question-and-answer session, one of the students asked how the constitutional justices maintain their independence. TItis explained that the constitutional justices must be independent and impartial. In order to maintain their independence, the Court internally collaborates with the Corruption Eradication Commission (KPK), organizes seminars and corruption prevention training, and so on.

“However, for the justices personally, only they themselves can maintain independence. In addition, there is an ethics board consisting of a public figure, a former constitutional justice, and an academia, to safeguard the independence of the constitutional justices. The ethics board receives reports by the public on alleged violations by constitutional justices,” she explained. (Nano Tresna Arfana/LA/Yuniar Widiastuti)

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