Researcher Oly Viana Agustine welcoming students of the Sharia and Law Faculty of Sunan Ampel State Islamic University (UIN) of Surabaya, Wednesday (13/11). Photo by Humas MK/Gani.

JAKARTA, Public Relations of the Constitutional Court—Students of the Sharia and Law Faculty of Sunan Ampel State Islamic University (UIN) of Surabaya visited the Constitutional Court on Wednesday (13/11/2019). They were welcomed by researcher Oly Viana Agustine, who delivered a presentation on “Constitutional Interpretation in the Judicial Review of Laws against the 1945 Constitution.”

Oly explained that the interpretation of the Constitution is needed to answer various problems according to the times, because the Constitution is not fully able to answer various problems that occur in society. Therefore, in examining judicial review cases against the 1945 Constitution, the constitutional justices are allowed to interpret the Constitution.

"Not one provision in the Judicial Power Law or the 1945 Constitution requires justices to use certain interpretation methods. Each constitutional justice is given freedom to use any method of constitutional interpretation to form a comprehensive decision," Oly explained.

In addition, Oly explained the formation of the Constitutional Court, starting with the amendments to the 1945 Constitution in four stages. Amendments to the 1945 Constitution brought major changes to state institutions in Indonesia. The People’s Consultative Assembly (MPR) is no longer the highest state institution but is equal to other state institutions such as the Constitutional Court, the Supreme Court, the Parliament, the President and others.

The Constitutional Court was founded on August 13, 2003, following Law No. 24/2003 on the Constitutional Court. Article 24C paragraphs (1) and (2) of the 1945 Constitution states that the authority of the Constitutional Court is to review legislation against the Constitution. The purpose of the judicial review is to protect the rights of citizens from laws that disadvantaged them and review whether legislation is constitutional or not.

The other authorities of the Constitutional Court are to decide on disputes over the authority of state institutions, to decide on general election disputes, and to decide upon the dissolution of political parties. The obligation is to decide upon the opinion of the House (DPR) of alleged violation of the law by the President and/or Vice President.

"The Court adjudicates the President and/or Vice-President if [they] have allegedly violated the rule of law or the Constitution. But the House must express its opinion of the allegation," she concluded. (Utami/NRA)

Translated by: Yuniar Widiastuti