---

Constitutional Court researcher Alboin Pasaribu welcoming law students of Darma Cendika Catholic University (UKDC) Surabaya, Monday (10/2). Photo by Humas MK/Gani.

JAKARTA, Public Relations of the Constitutional Court—Constitutional Court (MK) researcher Alboin Pasaribu welcomed 18 students of the Law Faculty of Darma Cendika Catholic University (UKDC) Surabaya on Monday (10/2/2020) in the Delegation Room of the Constitutional Court.

Pasaribu explained the history of judicial review in the world and several models of constitutional review. In practice, there are at least three models of constitutional review. "There is the United States model, where every court or ordinary court may examine the provisions of statutory regulations that form the legal basis when arguing for an offense. It is decentralized," said Pasaribu , talking about "Constitutional Judiciary in State Practices."

Pasaribu also talked about the Austrian model that establishes a separate institution called the Constitutional Court, which reviews regulations that had been passed by the parliament. There is also the French model known as the constitutional preview, which examines bills that have not yet been passed by the parliament. The review is carried out by the constitutional council.

Pasaribu added that former Constitutional Justice I Dewa Gede Palguna revealed about the German model, where every action or act could be reviewed by the Constitutional Court. This is known as the constitutional complaint.

Pasaribu said that the first constitutional court in the world was actually not established in Austria in 1920 but in Czechoslovakia during the world war, so the Czech constitutional court could not carry out its duties.

Pasaribu also talked about the positions of state institutions in Indonesia before and after the amendment to the 1945 Constitution. Before the amendment to the 1945 Constitution, state institutions were vertically hierarchical and the MPR was the highest state institution. After the amendment to the 1945 Constitution, all state institutions are equal or horizontally functional.

Pasaribu explained the authorities of the Constitutional Court of the Republic of Indonesia: reviewing laws against the Constitution, deciding on authority disputes between state institutions, deciding on the dissolution of political parties, deciding on disputes over election results, as well as the obligation to decide upon the opinion of the House (DPR) if the president and/or vice president were suspected of violating the law.

"This obligation should be interpreted that the Constitutional Court may not give a decision when there is an opinion of the Parliament submitted as a petition to the Court to impeach the president and/or vice president," Pasaribu explained.

In its development, Pasaribu added, the Court is also authorized to review statutory regulations in lieu of laws (Perppu). A recent example is when many petitioners requested the judicial review of the Perppu on CSOs.

Pasaribu further explained the functions of the Constitutional Court as guardian of the Constitution, guardians of democracy, protector of human rights, protector of the constitutional rights of citizens, guardian of state ideology, and final interpreter of the Constitution.

Pasaribu also mentioned that some landmark decisions such as decision on the Marriage Law related to the minimum age limit for married couples and on the Water Resources Law, the Electricity Privatization Law, and so on. (Nano Tresna Arfana/NRA)

Translated by: Yuniar Widiastuti

Uploaded on 2/11/2020

---