Grade IX students of SMPIT Gema Nurani Bekasi visiting the Constitutional Court, Wednesday (2/10). Photo by Humas MK/Ganie.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court welcomed grade IX students of SMPIT Gema Nurani Bekasi on Wednesday (2/10/2019). Court researcher Andriani Novitasari informed them of the Constitutional Court of Indonesia.

In her presentation, Andriani explained that the state power in the Republic of Indonesia is divided into three: the legislative, the executive, and the judiciary. She said that the judiciary consists of two main institutions and one supporting institution. The state institutions are tasked with supervising, guarding, and monitoring the implementation of the 1945 Constitution and overseeing the implementation of the law. The judiciary in Indonesia, the Supreme Court (MA) and the Constitutional Court (MK), play a role in providing oversight and monitoring of the implementation of the 1945 Constitution and the law in Indonesia. 

The Supreme Court, Andri added, try and review the laws and regulations whereas the Constitutional Court is authorized as a court at the first and final level. The Constitutional Court\'s decision is final to review the law against the 1945 Constitution. In addition, the Constitutional Court is also tasked with upholding the honor and dignity of the justices. Article 24 paragraph (2) of the 1945 Constitution states that the judiciary is exercised by a Supreme Court and the courts below it, i.e. general courts, religious courts, military courts, state administrative courts, and by the Constitutional Court. Based on these provisions, the Constitutional Court is one of the judiciary other than the Supreme Court. Judicial power is an independent power to uphold law and justice. Thus, the Constitutional Court is a judicial institution, as a branch of judicial power, which hears certain cases which become its authority based on the provisions of the 1945 Constitution.

According to Andri, the Constitutional Court was introduced for the first time in 1919 by an Austrian legal expert, Hans Kelsen (1881-1973), who stated that the constitutional implementation of legislation can be effectively guaranteed only if an organ other than the legislative body is given the task of reviewing whether a legal product is constitutional or not, and if the product is not enforced it this organ deems it unconstitutional. Therefore, a special organ called the Constitutional Court (MK) is necessary. In the history of the preparation of the 1945 Constitution, Hans Kelsen\'s idea regarding the judicial review of the law inspired the proposal by Mohammad Yamin in a session of the Investigating Committee for Preparatory Works for Independence (BPUPKI). He suggested that the Balai Agung (or Supreme Court) should be given the authority to "compare the law," which means the judicial review authority. However, the proposal was rejected by Soepomo on the grounds that; first, the basic concept adopted in the Constitution that had been compiled was not separation of power but distribution of power; second, the task of the judge is to apply the law, not examine the law; and third, the authority of judges to conduct judicial review contradicts the concept of the People\'s Consultative Assembly\'s (MPR) supremacy, so the idea was not adopted in the 1945 Constitution.

Based on Article 24C paragraph (1) of the 1945 Constitution, as reaffirmed in Article 10 paragraph (1) letters a through d of Law 24/2003, the Constitutional Court has the authority to examine the law against the 1945 Constitution; decide upon disputes over the authority of state institutions whose authorities are granted by the 1945 Constitution; decide upon the dissolution of political parties; and decide upon disputes over the results of general elections. In addition, based on Article 7 paragraph (1) through (5) and Article 24C paragraph (2) of the 1945 Constitution, reaffirmed by Article 10 paragraph (2) of Law 24/2003, the obligation of the Constitutional Court is to give a decision on the opinion of the House that the President and/or the Vice President has violated the law or has committed a disgraceful act, or does not qualify as President and/or Vice President as referred to in the 1945 Constitution.

She added that the Constitutional Court is obliged to give a decision on the opinion of the House of Representatives if the President and/or Vice President is suspected of having violated the law in the form of treason, corruption, bribery, other serious criminal acts, or disgraceful acts, and/or no longer fulfill the requirements as President and/or Vice President as referred to in the 1945 Constitution of the Republic of Indonesia.

The constitutional justices exercise the authority of the Constitutional Court as holders of judicial power. Andri explained that the nine constitutional justices are state officials inaugurated by the President. The Supreme Court, the House of Representatives, and the President each nominate three constitutional justices. They hold the office for five years and can be re-elected once. (Utami/LA)

Translated by: Yuniar Widiastuti