Constitutional Court researcher M. Mahrus Ali welcoming students of the Sharia Faculty of STAI An-Nawawi, Purworejo, Central Java on Monday (20/1) in the Delegation Room of the Constitutional Court. Photo by Humas MK.

JAKARTA, Public Relations of the Constitutional Court—Constitutional Court (MK) researcher M. Mahrus Ali welcomed 28 students of the Sharia Faculty of STAI An-Nawawi, Purworejo, Central Java on Monday (20/1/2020) in the Delegation Room of the Constitutional Court.

Mahrus Ali introduced the history of the Constitutional Court of the Republic of Indonesia (MKRI), which was established on August 13, 17 years ago. He explained that it is a constitutional judicial institution whose foundation was led by the 1998 Reform and an amendment to the 1945 Constitution.

"The most essential demand of the Reform was how to run a constitutional system based on law and the constitution. This underlies the birth of the law governing the Constitutional Court. If the Reform and constitutional amendment had not happened, the Constitutional Court would not have been established," Ali said. 

Ali explained that the Constitutional Court has the authority to examine laws against the 1945 Constitution, decide on authority dispute among state institutions, decide on disputes over election results, and decide on the dissolution of political parties, and is obligated to decide on the House’s opinion of alleged violation committed by the president and/or vice president. The Court also has an additional authority to decide on the results of the regional election.

"This is a transitional authority. This means that the Court is authorized to decide on the results of the regional election after the establishment of a special judicial institution that adjudicates the dispute over the results of the regional election," Ali added.

Ali also talked about several laws that have been completely annulled by the Constitutional Court: Electricity Law, Water Resource Law, Cooperative Law, and Educational Legal Entity Law. Ali also mentioned the judicial review in the Constitutional Court in relation to Islamic law, such as Law No. 1 of 1974 on Marriage, which has been reviewed seven times. The Court granted the judicial review petition No. 46/PUU-VIII/2010 by Hj. Aisyah Mochtar regarding the status of children born out of wedlock. The case reviewed Article 2 paragraph (2) and Article 43 paragraph (1) of Law No. 1 of 1974 concerning Marriage.

"The Decision No. 46/PUU-VIII/2010 was quite controversial, inviting comments from various parties. Even an MUI Fatwa was issued," Ali said. 

Ali explained that the Marriage Law regulated the a child born out of wedlock only had a civil relationship with their mother. However, after the Constitutional Court\'s ruling, they also a civil relationship with their father. In full, Article 43 paragraph (1) of the Marriage Law after the Constitutional Court Decision No. 46/PUU-VIII/2010 reads, "A child born outside of marriage have a civil relationship with their mother and their mother\'s family as well as their biological father, which can be proven based on science and technology and/or other evidences according to law and have blood ties, including civil relationship with their father\'s family.” (Nano Tresna Arfana/NRA)

Translated by: Yuniar Widiastuti