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Senior Constitutional Court researcher Irfan Nurachman welcoming law students of UIN Sunan Kalijaga on Wednesday (29/1). Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—Some 70 law students of the State Islamic University (UIN) Sunan Kalijaga visited the Constitutional Court (MK) on Wednesday (29/1/2020). They were welcomed by senior Constitutional Court researcher Irfan Nurachman at the Delegation Room.

Irfan said that the amendments to the 1945 Constitution had implications, both for the system and structure of the constitution of the Republic of Indonesia.

"Initially the 1945 Constitution before the amendments positioned the MPR as the highest state institution. However, after the amendments to the 1945 Constitution, the MPR is no longer the country\'s highest institution. Its position is equal to the president, the Supreme Court, the Constitutional Court, the House, DPD, and the Audit Board," said Irfan. 

In addition, Irfan added, the MPR is no longer authorized to stipulate the State Policy Guidelines (GBHN) for future national development. Now national development is realized by legislators through the National Development Planning System, which consists of the National Long-Term Development Plan and the National Medium-Term Development Plan. 

"This is one of the consequences of direct presidential elections. Because it is the President-elect who has the right to determine the national medium-term development program within five years of his leadership," Irfan explained. 

Irfan said the implications of the amendments to the 1945 Constitution also gave birth to a judicial institution called the Constitutional Court (MK). In addition to having five authorities, with judicial review being its main authority, the Constitutional Court also has functions derived from its authorities: as the interpreter of the Constitution, guardian of the Constitution, protector of human rights, protector of the constitutional rights of citizens, protector of minority rights, and protector of the state ideology. 

In its development, the Constitutional Court not only acts as a negative legislature that abolishes norms, but also a positive legislature whose role is to formulate norms so that they are not in conflict with the Constitution through conditional constitutional decisions, conditional unconstitutional decisions, and decisions that give deadlines to legislators to make revision of laws. 

"If until the deadline legislators do not make revisions, the norm becomes unconstitutional," said Irfan. 

Irfan said that the implication of subsequent amendments to the 1945 Constitution was a shift in the sources of national law. Before independence, sources of national law consisted of customary law, religious laws, Dutch law, and Japanese law. Post-independence, legal sources consist of developments from civil law and common law as well as international treaty instruments. 

"However, after the Reform there is a new source of law in the development of national law: the Constitutional Court\'s decisions. Because the amendments to the 1945 Constitution negated the Elucidation of the 1945 Constitution. Because the normative material of the elucidation is raised into the articles and changes to the system and structure of the constitution have made the Elucidation to the 1945 Constitution no longer relevant. In this position, Irfan said, the Constitutional Court\'s decisions interpret the Constitution and serves as explanation to the 1945 Constitution," Irfan explained. 

Therefore, Irfan said, it can be said that the Constitutional Court\'s decisions are equal to the Constitution and must be obeyed. Such is the urgency of the Constitutional Court\'s decisions in the development of national law. (Nano Tresna Arfana/LA)

Translated by: Yuniar Widiastuti

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