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Students of the Teacher Training College (STKIP) PGRI Sukabumi visiting the Constitutional Court, Thursday (30/1) in the Delegation Room. Photo by Humas MK.

JAKARTA, Public Relations of the Constitutional Court—Constitutional Court (MK) researcher Oly Viana Agustine welcomed students of the Teacher Training College (STKIP) PGRI Sukabumi on Thursday (30/1/2020) in the Delegation Room of the Constitutional Court. Oly introduced to the students the role of the Constitutional Court in the enforcement of the law in Indonesia.

"We know that the judicial power system in Indonesia has changed since the amendment to the 1945 Constitution in 1999 until four times of amendment. Then the Constitutional Court was established on August 13, 2003," Oly said to the 100 students who attended. 

In the 1945 Constitution, Oly said, the Constitutional Court is mentioned as one of the judicial powers in Indonesia. Initially, the judicial power system was implemented by the Supreme Court and the courts under it. "However, since the existence of the Constitutional Court, the judicial system in Indonesia has been divided in two: the Supreme Court and the Constitutional Court," said Oly. 

Oly said that the Supreme Court upholds the law along with the courts under it whereas the Constitutional Court is given limited authorities by the Constitution. Its decisions are the first and the last and there is no further legal remedy. 

In carrying out its duties, the Constitutional Court has four authorities and one obligation. The Constitutional Court\'s main authority is to review laws against the Constitution. "Judicial review is when citizens suffer constitutional damage due to the enactment of the law. The Constitutional Court became the protector of the violated constitutional rights of citizens. When there are laws that conflict with the Constitution, the Court has the authority to cancel the norms of the law," Oly added. 

"The judicial review in the Constitutional Court does not need a lawyer, does not require court fees. [You] just come. There are lots of examples and procedures for litigation in the Court," Oly added. 

Oly said that the Constitutional Court is also authorized to adjudicate authority disputes between state institutions whose authority was granted by the 1945 Constitution. For example, the Court had heard an authority dispute between the President and the DPD. The Constitutional Court also has the authority to decide upon the dissolution of political parties. "Political party dissolution is carried out when there are political parties that conflict with the principles and objectives of Pancasila. That is the authority of the Constitutional Court to decide upon the dissolution of political parties," said Oly.

However, Oly said, since the Constitutional Court was formed, there has never been any petition for the dissolution of political parties. It is different from the German Constitutional Court, which has decided to dissolve three political parties because they were considered threatening the country\'s security and were in conflict with the principles of democracy in Germany. 

The Constitutional Court is also authorized to decide disputes over both presidential and legislative elections results. The Constitutional Court is obligated to decide the opinion of the House if the president and or vice president are suspected of violating the law. Outside the authority and obligations of the Constitutional Court, there is an additional authority of the Constitutional Court to decide disputes over the results of regional head elections. 

Oly also talked about the appointment of constitutional justices, which is different from that of supreme justices and district court judges. Constitutional justices are not judges who pursue judicial careers from the start, but are representatives of the executive (President), legislative (House), and judiciary (Supreme Court). Each appoints three justices, so the Constitutional Court justices total nine people. (Nano Tresna Arfana/LA)

Translated by: Yuniar Widiastuti

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