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Constitutional Court researcher Andriani Novitasari welcoming law students of Slamet Riyadi University of Surakarta in the Delegation Room, Wednesday (6/11). Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—Fourty-five students of the Law Faculty of Slamet Riyadi University of Surakarta visited the Constitutional Court (MK) on Wednesday morning (6/11/2019). They were welcomed by researcher Andriani Novitasari at the 4^th floor of the Constitutional Court building.

Andriani explained the ruling process. Before passing a verdict, the constitutional justices expressed their legal consideration, which is contained in the decision. A decision of the Constitutional Court consists of the petitioner’s identity, the subject of the petition, the evidence, the statement of experts, etc.

“When the Court considered a case, all is elaborated in the opinion of the Court. We can see the Court’s argument or theories used by the justices when passing a ruling,” Andriani explained next to the Head of the Law Study Program of Slamet Riyadi University Waluyo S. Pradoto.

Andriani advised not to read only the verdict of the Court, but the legal consideration in order to avoid trial by opinion and trial by the press. “For example, the public believes that the Court is pro-LGBT, while it is not the case,” she said.

Andriani explained about judicial activism and judicial restraint in the judiciary, which the students may discuss. “Judicial activism is when the justices break rules or authorities, such as in the Marbury v. Madison in the United States,” she explained.

Judicial restraint, she said, is holding back so as not to break any rules. This is the respect shown by the judiciary to the legislative and executive branches. She further said that both judicial activism and judicial restraint cannot be deemed good or bad. “In the middle, there is judicial interpretation,” she added.

She then explained the procedural law of the Constitutional Court. The case is registered and then goes into preliminary examination hearing, petition revision hearing, and evidentiary hearing, which presents experts, the President, the House (DPR), and witnesses. There is also a closed, confidential justice deliberation meeting (RPH).

“During the RPH, only nine constitutional justices and a sworn registrar attend. They may not discuss whatever is discussed in the RPH. It is highly confidential,” she stressed.

Then, the ruling hearing takes place. After the ruling is pronounced, the copies of the decision are distributed to the litigating parties. This constitutes the duty and obligation of the Court. The decision is also uploaded onto the Court’s website. “Everyone from Sabang to Merauke and all over the world may download [the decision],” she said. (Nano Tresna Arfana/NRA)

Translated by: Yuniar Widiastuti

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