Role of the Constitutional Court in Judicial Review of Laws
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PADANG, Public Relations of the Constitutional Court—Chief Justice Anwar Usman with Constitutional Justices I Gede Dewa Palguna and Suhartoyo speaking at a general lecture on “Constitution and the Procedural Law of the Constitutional Court” at the Convention Hall of Andalas University, Padang, West Sumatera, Friday (12/4/2019).

Chief Justice Anwar said that the birth of the Constitutional Court was first initiated by a West Sumatran leader who was also a founder of the Andalas University in Padang: Muhammad Yamin. "He was actually the first person to propose the idea in the Supreme Court [to form] an institution to conduct judicial reviews," he said before participants of the general lecture and Vice Rector I Dahrianus, Law Faculty Dean Busra Azheri, and Head of Administrative Law Division Afriani. However, he added, Soepomo rejected the idea on the ground that BPUPKI sessions to prepare for independence were still ongoing and there were not enough law scholars. The process, he said, went on until the 1999–2002 constitutional amendments, in which Constitutional Justice I Gede Dewa Palguna was involved.

Constitutional Justice I Dewa Gede Palguna stated that many people were not aware of the constitutional amendments, which records the change from the constitutional system adhering to the supremacy of the House to constitutional supremacy. According to him, the change was an elaboration based on the Preamble of the 1945 Constitution, specifically the fourth paragraph. "The fourth paragraph of the Preamble of the 1945 Constitution stipulates that we aspire to Indonesia as a country with people\'s sovereignty," Justice Palguna said.

Justice Palguna further said that one of the Constitutional Court\'s authorities is guardian of the Constitution, the guardian of constitutional supremacy. This is to safeguard the constitutionality of laws. According to him, in the judicial review of laws, several things must be considered, one of which is who files for it.

Meanwhile, Constitutional Justice Suhartoyo said anyone, not only advocates, may file for a judicial review petition to the Constitutional Court. “Although [you] are not advocates yet, [you] may litigate at the Court, as a legal counsel to the petitioner or representing the Government, or as a representative of the relevant party,” he said before the students attending the lecture. He also said that that all laws are material laws for the Constitutional Court.


Friday, April 12, 2019 | 18:05 WIB 193