Visit from students of Pancasila and Civic Education (PPKn) Study Program of the Faculty of Social and Law Sciences of the Surabaya State University (Unesa), Tuesday (23/4). Photo by Humas MK/Ganie.

JAKARTA, Public Relations of the Constitutional Court—Some 112 students of Pancasila and Civic Education (PPKn) Study Program of the Faculty of Social and Law Sciences of the Surabaya State University (Unesa) visited the Constitutional Court  on Tuesday (23/4/2019). The students and four lecturers were welcomed by the Court’s Substitute Registrar Ery Satria Pamungkas at the Conference Room of the Constitutional Court. In his address, he introduced the Constitutional Court’s role within the Indonesian state institution constellation.

Ery said that the Constitutional Court’s establishment is a result of an amendment to the 1945 Constitution, which also results in the elimination of the terms highest and high state institutions. “Today all [state institutions] are equal. The difference only that some are explicitly mentioned in the 1945 Constitution, such as the Audit Board (BPK), the President, the House of Representatives (DPR), the Supreme Court (MA), the Constitutional Court (MK), and the Judicial Commission. In consequence, all these institutions are parallel, only having different functions,” he explained.

Ery added, there are also institutions not explicitly mentioned in the Constitution, such as the General Elections Commission (KPU) and Bank Indonesia. The Constitution only mentions the general election organizing institution or central bank in lowercase. This means that names such as the KPU and Bank Indonesia can be replaced at some time as long as they do not overlap with existing institutions. The same goes for state ministries, so ministries are not clearly defined by the Constitution.

The Supreme Court and the Constitutional Court are judicial institutions. The Supreme Court has judicial bodies below it, while the Constitutional Court does not. Guided by the executors of judicial power, the 1945 Constitution through Article 24 is the basis for the establishment of the Constitutional Court. The article elaborates the authority of the Constitutional Court: 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 (impeachment).

"Regarding impeachment, the Constitutional Court is not authorized to dismiss the president; it is purely a political process and the authority of the House. However, the reason for dismissal must be based on law since there was a change in the Constitution and the one who shall decide on the opinion of the House on a violation committed by the President is the Constitutional Court. That is the balance of law and politics," Ery explained. (Sri Pujianti/LA/Yuniar Widiastuti)