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Students of the Jakarta International Islamic High School (IIHS) learning about constitutionalism at the Constitutional Court, Tuesday (20/8). Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—Constitutional Court (MK) researcher Alia Harumdani Widjaja welcomed students of the Jakarta International Islamic High School (IIHS) on Tuesday afternoon (20/8/2019). She invited the students to discuss while presenting her material.

“What is the Constitutional Court, really?” Alia asked the students. The students gave all kinds of answers—that the Court is a judicial institution, the Constitution, a court, etc.

Alia then explained the Constitutional Court as a judicial institution, or Al-Mahkamah in Arabic. Constitution, she explained, is a basic law. Therefore, the Constitutional Court is a constitutional court based on the Constitution.

"Then is there a difference between the Constitutional Court and the Supreme Court, which are both branches of judicial power?" asked Alia alongside Dina Muthia, Citizenship Education (PKn) teacher at IIHS. Again, the students had various answers.

Alia then explained that the Constitutional Court (MK) and the Supreme Court (MA) are branches of judicial power. The Constitutional Court has the authority to examine the laws against the Constitution whereas the Supreme Court has the authority to examine regulations under the law against the law.

Alia further explained that the formation of the Constitutional Court in Indonesia started with the 1998 Reform, which demanded an amendment to the 1945 Constitution. After the amendment to the 1945 Constitution, the highest power was no longer in the hands of the MPR, but in the hands of the people. 

"The demand for amendment to the 1945 Constitution was also due to the unlimited terms of office of the president, who can be re-elected continuously. It also includes the articles in the 1945 Constitution that are too flexible that they could cause multiple interpretations," explained Alia. 

After the amendment of the 1945 Constitution, said Alia, the articles in the 1945 Constitution increased, especially in the Human Rights Chapter. The Preamble to the 1945 Constitution remains, the Unitary State of the Republic of Indonesia (NKRI) remains, and the presidential system was reinforced. The formation of the Constitutional Court was proposed in the third amendment of the 1945 Constitution in 2001. 

In short, the Constitutional Court of the Republic of Indonesia was formed on August 13, 2003 with four authorities and one obligation. The first authority of the Constitutional Court was to review laws against the Constitution. "So, if there is substance or content of a law that contradicts the 1945 Constitution, it may be submitted to the Constitutional Court," Alia explained. 

The second authority of the Constitutional Court, Alia added, is to decide upon a dispute over the authority of state institutions whose authority was granted by the Constitution. The third is to decide upon the dissolution of political parties. In addition, the Court has the authority to decide disputes over the results of elections. 

"The Constitutional Court\\'s obligation is to give a decision on the opinion of the DPR [House of Representatives] regarding alleged violations by the President or Vice President according to the Constitution," said Alia. She also explained that the nine constitutional justices are nominated by three elements: the President, the Parliament and the Supreme Court. (Nano Tresna Arfana/NRA)

Translated by: Yuniar Widiastuti

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