Deputy Chief Justice: Technical Assistance to Match Perspectives
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Deputy Chief Justice Aswanto symbolically presenting certificates to participants of the 2019 Elections Results Dispute Resolution for Peradi members, Sunday (31/3) in Surabaya, East Java. Photo by Humas MK/Ifa.

SURABAYA, Public Relations of the Constitutional Court—Deputy Chief Justice of the Constitutional Court Aswanto officially closed the Technical Assistance Program of the 2019 Elections Results Dispute Resolution for advocates affiliated with the Indonesian Advocates Association (Peradi), Sunday (31/3/2019) in Surabaya, East Java. According to him, the Constitutional Court has an interest in educating advocates in order to equalize perceptions in handling cases as well as proceedings at the Constitutional Court ahead of the 2019 Concurrent Elections.

"Hopefully, [collaboration] between the Constitutional Court and Peradi will not only be limited to technical guidance on elections results dispute resolution, but also on judicial review of laws. We need to match perspectives, so when you counsel during a judicial review, we already have the same understanding," said Justice Aswanto before Peradi administrators and members in attendance.

Justice Aswanto said that the same perception between the Constitutional Court and advocates is intended so that the proceedings will run smoothly. "My hope is that in our proceedings, advocates will understand the technical issues, of course [we expect them] to focus on the substantive debate in the court," he explained. 

In addition, the Court considers the participants as colleagues as the Court as a modern court never assumes the litigating parties as opponents. A modern court always considers the litigating parties as colleagues who seek substantive truth.

According to him, as mandated by the Constitution, especially in Article 24, the Constitutional Court is one of the institutions authorized as executors of the judicial power. The amendment of the Constitution also established the Constitutional Court as one of the executors of the judicial power. Article 24C paragraph (1) of the 1945 Constitution stressed that the Constitutional Court is the first and last court, whose decisions are final, that is authorized to examine laws against the Constitution, decide on authority dispute among state institutions whose authorities are granted by the Constitution, decide on the dissolution of political parties, and decide on disputes over election results. In addition, the Court is obligated to decide on the House’s opinion on an alleged violation of law committed by the president and/or vice president.

The Constitutional Court has nine constitutional justices. The President, the House of Representatives, and the Supreme Court each appoints three constitutional justices. Its Chief and Deputy Chief Justices are appointed from and by the nine constitutional justices. Constitutional justices must have integrity and be graceful, just statesmen and stateswomen who are familiar with the Constitution, and not hold another state office. Appointment and dismissal of constitutional justices, procedural law, and other provisions concerning the Constitutional Court are regulated by law. (Utami/Ifa/Yuniar Widiastuti)


Monday, April 01, 2019 | 18:05 WIB 187