JAKARTA, Public Relations of the Constitutional Court—56 students of the State University of Yogyakarta (UNY) visited the Constitutional Court, Thursday (14/3/2019) to learn more about the institution. They were welcomed by researcher Irfan Nur Rachman in the Hall of the Constitutional Court.
Irfan first talked about the establishment of the Constitutional Court. Prior to 1998, the state was not democratic as the president held immense power. In addition, legal products by the parliament could not be corrected or annulled. “The term of office of a president during the Old Order was infinite. Pre-amendment 1945 Constitution did not regulate the limit of the president’s term of office,” he explained. However, after the amendment, it is limited to two terms.
Post-Reforms, Irfan added, there were fundamental changes in the state administration. Pursuant to the third amendment to the 1945 Constitution, the Constitutional Court was established. Its most vital function is to review the constitutionality of a law. “This turned the previously parliamentary supremacy state to a constitutional supremacy,” he stressed.
He detailed the four authorities and one obligation of the Constitutional Court granted by the 1945 Constitution. 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 (impeachment). “[…] The Court has never received any case of the dissolution of political parties and impeachment,” he said. He also said that the Court serves to be guardian of state ideology and protector of citizens’ constitutional rights.
Irfan said that the Indonesian Constitutional Court refers to the Kelsenian model, first developed in Austria. The model is of the view that the body that reviews laws against the Constitution is singular and separate from the Supreme Court.
After the presentation, a student asked about the Court’s methods to educate school and university students of the Constitutional Court and develop constitutional awareness. Irfan said that the Court manages a website that details the whole institution. The application Click MK is also available for download on the smartphone. “The Court also offer speakers if the public request them for a discussion, free of charge,” he explained. (Arif S/LA/Yuniar Widiastuti)
Thursday, March 14, 2019 | 09:00 WIB 143