Law Faculty students of Sunan Giri University (Unsuri) Surabaya visiting the Constitutional Court on Monday (4/3) in the Delegation Room of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—Constitutional Court Researcher Luthfi Widagdo Eddyono Encouraged Law Faculty students of Sunan Giri University (Unsuri) Surabaya to write for Majalah Konstitusi, Jurnal Konstitusi, and other publications by the Constitutional Court.

“In Majalah Konstitusi there are columns on opinion, review, and others to accommodate the ideas of students. Lecturers [can also] contribute for Majalah Konstitusi or Jurnal Konstitusi,” he said when welcoming the law students of Unsuri Surabaya in the Delegation Room of the Constitutional Court, Monday (4/3/2019).

Luthfi began by explaining the constitutional history of Indonesia, starting from the 1945 Constitution, the Constitution of the United States of the Republic of Indonesia (RIS), the Provisional Constitution of (UUDS) 1950, and the 1945 Constitution. “The 1945 Constitution existing today is different from the 1945 Constitution before it was amended. In the 1945 Constitution prior to the amendment, the state institutional system was a division of power and the People’s Consultative Assembly (MPR) was the highest state institution,” he said delivering the material on “Constitutional Court and State Institution.”

After amendments of the 1945 Constitution (1999–2003), the state institutional system is checks and balances, meaning that state institutions are equal; there is no highest state institution.

“The power of state institutions in Indonesia is the same strata. For example, the President, the Audit Board, the Constitutional Court, the Supreme Court, and so on. A question was raised, if there is no highest state institution, who can decide on constitutional issues? When there is a conflict between state institutions, how to resolve it?” Luthfi added.

Luthfi explained that the post-reform 1945 Constitution had been amended to appoint the Constitutional Court the institution that can decide on constitutional issues. One of the authorities of the Constitutional Court is deciding on authority dispute among state institutions whose authorities were granted by the Constitution.

“The Constitutional Court was formed in order to realize an independent judicial power in carrying out the judiciary. In addition, there are other judicial powers, namely the Supreme Court as the highest appeal process in Indonesia,” he elaborated.

However, Lutfi added, the most important thing is that the Constitutional Court has the authority to try at the first and final level. It means that the decision of the Constitutional Court is final and binding, there is no appeal and cassation. Thus, the hearing in the Constitutional Court is different from that of other courts.

Luthfi further elaborated four authorities and one obligation of the Constitutional Court. The authorities are examining laws against the 1945 Constitution, deciding on authority dispute among state institutions, deciding on the dissolution of political parties, and deciding on disputes over election results. The Court is also obligated to decide on the House’s opinion on an alleged violation of law committed by the president and/or vice president. (Nano Tresna Arfana/LA/Yuniar Widiastuti)