Constitutional Justice Suhartoyo speaking at a socialization program to improve citizens\' awareness of constitutional rights for professional organizations organized, Wednesday (18/9/2019) in Sentul, Bogor. Photo by Humas MK/Hidayat Sabar.
SENTUL, Public Relations of the Constitutional Court—The Constitutional Court (MK) held a socialization program to improve citizens\' awareness of constitutional rights for professional organizations organized on September 17-20, 2019. Speakers from within and outside the Constitutional Court delivered presentations on Wednesday (18/9/2019) in Sentul, Bogor. Constitutional Justice Suhartoyo presented "The Authority of Judicial Review of the Constitutional Court."
“The judicial review, in layman’s terms the review of legislation against the Constitution. The Constitutional Court’s main authority is actually this, reviewing laws,” Justice Suhartoyo said.
Other authorities such as the resolution of interagency authority disputes, the resolution of general and regional elections results disputes, the dissolution of political parties, and the decision on the House’s opinion of the president and/or vice president’s impeachment constitute the Constitutional Court\'s inherent powers that, although mandated by the Constitution, are not the main authority of the Constitutional Court because there are Petitioners and Respondents, opposing parties, conflicts of interest, and rights disputes..
"Meanwhile, in reviewing laws, there are no opponents, there is no Respondent. What is reviewed is norms. The House (DPR) and the Government are invited by the Constitutional Court to attend the judicial review hearing only to provide information," Justice Suhartoyo said.
Justice Suhartoyo said every person has the right to request a judicial review if their constitutional rights are impaired by the enactment of a law. He added that there are formal and material juduial reviews. Formal review is related to procedure whereas material review is related to material, content, paragraphs, articles, or any part of the law, meaning the substance of the law in question.
Senior researcher Pan Mohamad Faiz presented "Constitutional Dynamics and Constitutionalism." "We often hear the words constitution and constitutionalism but what exactly is the Constitution? The Constitution is used in many countries. In Indonesia it is usually called the Basic Law. However, the Constitution is broader; it can be written or not. Our Constitution is a codified, written one," said Faiz.
Faiz added, basically the Constitution is concerned with the rules of constitutional practice, its relationship with the state or government, citizens, and their obligations and authorities. "Within the Constitution, or what we often call the Basic Law, there are only basic rules," said Faiz.
Faiz also explained the constitutional value according to Karl Loewenstein. The normative category means the Constitutional norms are understood, recognized, accepted, and obeyed by legal subjects and run in reality. The nominal category means the Constitutional norms are not used at all as a reference or reference in decision making. The semantic category means that the Constitutional norms are only respected on paper and used as jargon or mere means of justification.
Faiz also explained that the purpose of the constitution is to achieve justice which includes balance, equity, and proportionality. In addition, the constitution seeks to achieve certainty, which includes order and peace. Another purpose of the constitution is utility, which includes usefulness and peace of life.
Constitutional law expert Ni\'matul Huda\'s presented "State Administration System According to the 1945 Constitution of the Republic of Indonesia." Ni\'matul touched on the relationship between the president and the president\'s assistants. In the Indonesian constitutional structure, the executive power organizer is the president (single executive) who in carrying out his obligations, authorities, and duties is assisted by the vice president in accordance with Article 4 Paragraph (2) and state ministers in accordance with Article 17 paragraph (1) of the 1945 Constitution of the Republic of Indonesia .
"The vice president and the ministers are assistants to the president. In other words, the relationship between the president and the vice president and ministers is not collegial. One of the consequences is that in practice the view is accepted that the person responsible is the President," Ni\'matul explained.
In addition, Ni\'matul explained about the Indonesian parliament after the amendment to the 1945 Constitution. Fundamental changes in the framework of the Indonesian parliamentary structure caused the composition of the People’s Consultative Assembly (MPR) to change structurally because of the elimination of Group Representatives that reflected functional representation of MPR membership. MPR no longer functions as a \'supreme body\' with the highest authority and no oversight, and therefore its authority undergoes fundamental changes.
Strict separation of powers between the legislative and the executive after the amendment to the 1945 Constitution means that there is no longer \'parliamentary supremacy\' and power distribution by the highest body from MPR to state institutions under it. The direct election of president and vice president by the people in Article 6A paragraph (1) of the Third Amendment to the 1945 Constitution means presidential accountability is no longer carried out by MPR, but directly by the people.
Yudi Latif presented "Re-actualization of the Implementation of Pancasila." According to him, Pancasila studies during the Reform era has declined, resulting in a lack of insight into Pancasila among students and youth, as well as a lack of effectiveness and appeal of Pancasila studies in content and methodology.
“Low literacy of the Indonesian public in general resulted in the decline of thinking power and critical reasoning. Understanding of Pancasila has not been fully developed scientifically through intra-disciplinary, multidisciplinary, and trans-disciplinary approaches," Yudi explained.
Judhariksawan presented "Guarantee of Citizens’ Constitutional Rights in the 1945 Constitution of the Republic of Indonesia." Citizens\' rights guaranteed and protected by the Constitution, he said, among other include protection of the entire nation, advancement of public welfare, education of the nation, participation in world order, and realization of social justice for all Indonesian people in accordance with the fourth paragraph of the Preamble to the 1945 Constitution.
Judhariksawan also said that state administration, in accordance with Article 1 paragraph (3) of the Constitution of 1945, recognizes and respects a unitary local government unit and the customary law society with its traditional rights under Article 18B of the Constitution 1945, protects, advances, upholds, and complies with human rights in accordance with Article 28I Section (4) of the 1945 Constitution, and guarantees the independence of every citizen to embrace their own religion and to worship in accordance with their religions and beliefs in accordance with Article 29 Section (2) of the 1945Constitution.
The Constitution also maintains, protects, and preserves the integrity and sovereignty of the state through the national army in accordance with Article 30 paragraph (3) of the 1945 Constitution, maintains public security and order to protect, serve the public, and enforce the law through state police in accordance with Article 30 paragraph (4) 1945 Constitution, and finances basic education in accordance with Article 31 paragraph (2) of the 1945 Constitution, and so on. (Nano Tresna Arfana/NRA)
Translated by: Yuniar Widiastuti
Thursday, September 19, 2019 | 10:10 WIB 160