Researcher Andriani Novitasari welcoming students of the Soegijapranata Catholic University on Wednesday (4/3) at the hall of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—Students of the Soegijapranata Catholic University (Unika) Semarang visited the Constitutional Court (MK) on Wednesday (4/3/2020). At the hall of the Constitutional Court, the students listened to a presentation on the Constitution and the Constitutional Court from researcher Andriani Novitasari.

Andriani explained that state power in Indonesia is divided into three: legislative, executive, and judicial powers. Andri said the judicial power consists of 2 main organs and 1 supporting organ tasked with supervising, escorting, monitoring the process of implementing the Constitution, and supervising law enforcement in the country. She explained that judicial institutions in Indonesia include the Supreme Court (MA), the Constitutional Court (MK), and the Judicial Commission (KY). These three state institutions play a role in providing oversight and monitoring of the implementation of the Constitution and law in Indonesia.

The Supreme Court, Andriani added, is a judicial institution that tries and reviews laws and regulations. Meanwhile, the Constitutional Court is a judicial institution authorized as a court at the first and last level with final decisions to review law against the Constitution. The Judicial Commission has the authority and duty to propose the appointment of supreme justices and maintain the upholding of the conduct and dignity of justices.

Article 24 paragraph (2) of the 1945 Constitution reads, “The judicial powers shall be carried out by a Supreme Court and by its subordinate judicatory bodies dealing with general, religious, military, state administrative judicial fields, and by a Constitutional Court.”

Andri said that the Constitutional Court was first introduced in 1919 by Austrian law expert Hans Kelsen (1881-1973), who said that the effective constitutional enforcement of the legislation can only be guaranteed if an organ outside of the executive was authorized to review the constitutionality of legal products and to declare them applicable or not. Mohammad Yamin made a proposal during the Investigating Committee for Preparatory Works for Independence (BPUPKI) that a Supreme Court be given the authority to review laws (judicial review). This was rejected by Soepomo under three reasons: the basic concept of the Constitution was not separation of power but distribution of power; judges were to apply laws, not review them; the judicial review authority would be against the supremacy of the People’s Consultative Assembly (MPR).

In Article 24 paragraph (1) of the 1945 Constitution, reinforced in Article 10 paragraph (1) letters a through d of Law No. 24 of 2003, the Constitutional Court is authorized to review laws against the 1945 Constitution; decide on authority dispute among state institutions whose authorities are granted by the 1945 Constitution, decide on disputes over election results, and decide on the dissolution of political parties. Article 10 paragraphs (1) through (5) and Article 24C paragraph (2) of the 1945 Constitution, reinforced in Article 10 paragraph (2) of Law No. 24 of 2003, the Constitutional Court is obligated to decide on the House’s opinion of alleged violation or disgraceful act committed by the president and/or vice president or if he/she no longer meets the requirements for the position.

The nine constitutional justices are proposed by the Supreme Court, the House of Representatives (DPR), and the president, three each. They serve a five-year term and may be re-elected once. (Utami/NRA)

Translated by: Yuniar Widiastuti

Translation uploaded on 3/9/2020