Researcher Anna Triningsih welcoming students of the Ganesha Education University Bali on Wednesday (13/3) in the Hall of the Constitutional Court. Photo by Humas MK/Tugafo.
JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court welcomed visiting students of the Ganesha Education University Bali on Wednesday (13/3). Court researcher Anna Triningsih welcomed them in the Hall of the Constitutional Court and spoke in details about the Constitutional Court within the constitutional framework of Indonesia.
Starting the presentation, Anna explained about the Constitutional Court, which was born as a "biological child" of the Reform Era, when the state moved toward a better democracy. One of the signs was the establishment of the Constitutional Court on August 13, 2003. "The Reform led to the birth of the Constitutional Court in Indonesia," she explained in front of 126 students.
Anna said that the establishment of the Constitutional Court coincided with the ratification of Law Number 24 of 2003 on the Constitutional Court. This institution is also regulated in the Constitution as a result of the third amendment. She said that the Court was a new judiciary on par with the Supreme Court (MA).
The Constitutional Court consists of the Registrar’s Office and the Secretariat General. The first deals with everything related to petition, while the latter with organizational administration.
“The Constitutional Court has nine justices, with the chief and deputy chief justices representing the institution to the public,” she elaborated. She added that the chief and deputy chief justices are equal in the Justices Deliberation Meeting (RPH) when discussing and deciding on a case.
She explained that the selection of chief justice is deliberated by the nine justices. However, if they do not agree on one candidate, it will be done by voting.
She said that the Court’s decisions are final and binding. It is different from courts under the Supreme Court, which allow appeal and cassation. That is because the Constitutional Court hears norms, not concrete cases. She also mentioned the four authorities and one obligation of the Constitutional Court as mandated by the 1945 Constitution. The authorities are examining laws against the 1945 Constitution, deciding on authority dispute among state institutions whose authorities are granted by the Constitution, 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.
Anna further said that the Constitutional Court had not originally had the authority to review laws passed prior to the Reform, but it was revised after a petition to the Court. Today, the Court is authorized to hear regional election cases, but only until a special agency is established to handle them.
During the Q&A session, a student asked whether money politic issues could be investigated by the Court. Anna responded by saying that it does is not within the Court’s jurisdiction, but that of the Police and the Elections Supervisory Agency (Bawaslu). “The Constitutional Court focuses on resolving vote margins between the litigating parties,” she explained. (Arif Satriantoro/LA/Yuniar Widiastuti)
Wednesday, March 13, 2019 | 17:17 WIB 230