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BOGOR, Public Relations of the Constitutional Court—On the second day of the technical guidance program on judicial review procedural law for the Indonesian Advocates Association (PERADI) on Wednesday (11/3/2020), several speakers deliver presentations on the Constitution, the Constitutional Court, administration system, and the Constitutional Court’s procedural law.

On the Constitutional Court’s procedural law, Constitutional Justice Suhartoyo said that the judicial review is the Court’s main authority. All citizens may file a petition for judicial review.

"Other authorities, such as [ruling on] disputes over the authority of state institutions, can only be requested by the disputing state institutions. Likewise, in disputes over the results of general elections, only election participants [can file a petition]. However, judicial review of laws can be [requested] by all citizens," Justice Suhartoyo said in the hall of the Pancasila and Constitution Education Center, Cisarua, Bogor.

Justice Suhartoyo also explained that the Constitutional Court\'s decisions are final and binding, and they have permanent legal force since they are read out. He emphasized that the Constitutional Court\'s decisions are not affected by the follow-up on those decisions. "The Constitutional Court\'s decisions are equivalent to the law. The Constitutional Court complements the law reviewed," he said.

Justice Suhartoyo also said that constitutional justices have their own perspectives in making decisions. The dynamic occurs in the Justice Deliberation Meeting (RPH). "Constitutional justices can also elaborate values ​​in society, but fellow justices cannot influence each other," he said. He also revealed that the Constitutional Court has an authority to review regulations in lieu of law (Perppu) through Decision No. 138/PUU-VII/2009 on the judicial review of regulations in lieu of law (Perppu) No. 4 of 2009.

In the justices’ opinion of the decision, the majority of justices agreed that Perppu could be reviewed by the Constitutional Court. The Court recognized that Perppu is the president\'s right to regulate something in compelling urgency. Perppu issued by the President must be immediately addressed by the House of Representatives (DPR), whether rejected or accepted. If it is rejected, the Perppu must be revoked, if it is accepted, it will be changed into law.

Democratic Rule of Law

Constitutional Justice of 2015–2020 I Dewa Gede Palguna talked about Constitution and Constitutionalism. He stated that the 1945 Constitution is a written constitution and is pragmatic as it directs the newly-formed state. Its preamble informs that Indonesia was forming a rule of law. According to Palguna, a democratic state without law is dangerous. “Indonesia is a democratic rule of law and a law-based democracy. This can be seen in paragraph 4 of the Preamble to the 1945 Constitution,” he said before 151 advocates from PERADI.

Palguna said a democratic rule of law, first and foremost, has constitutional supremacy. Supremacy of the constitution means that all practices of state administration must not be in conflict with the Constitution. This is what drove the birth of the Constitutional Court.

Palguna also talked about the two functions of the judicial review of the laws by the Constitutional Court. First, to maintain the democratic process in the relations between the legislative, executive and judiciary. In other words, he added, the judicial review serves to maintain checks and balances. Second, he continued, to protect the rights or private lives of citizens from violations by branches of state power. "Constitutional review serves to protect the constitutional rights of citizens," he said.

Constitutional Supremacy

Law lecturer of Jember University Bayu Dwi Anggono talked about the administration system according to the 1945 Constitution. The amendments to the 1945 Constitution were not easy because it needed momentum. Many changes happened afterward, such as the change from parliamentary supremacy to constitutional supremacy. “The MPR used to have the authority to elect a president. Now [they] cannot,” said the Director of the Center for Pancasila and Constitutional Studies of Jember University.

Bayu said that the Constitutional Court’s final and binding decisions are a reflection of constitutional supremacy, which is also reflected in Article 1 paragraph (2) of the 1945 Constitution.

“It is the meaning of nomocratic democracy. The president is elected by the people. In nomocracy, if any of the laws made by the president are against the Constitution, [the laws] may be annulled by the Constitutional Court. This shows constitutional supremacy,” Bayu said.

Bayu stressed that the Constitutional Court also serves to guard the practice of checks and balances. Laws are legal products produced by the president and the House.

“Any citizen who object to a law, may file [a petition] to the Constitutional Court. One asked how can a legal product made by 500 House members be annulled by one citizen? But that is the checks and balances mechanism,” Bayu said.

The technical guidance program on judicial review was organized for the third time by the Constitutional Court to disseminate the procedural law on judicial review. At the event, which would last for four days (10-13/3/2020), a number of speakers including constitutional justices, registrars, researchers, and constitutional law experts will deliver their presentations. The advocates will practice drafting a judicial review petition with assistance by the Constitutional Court’s substitute registrars and researchers. (Lulu Anjarsari)

Translated by: Yuniar Widiastuti

Translation uploaded on 3/12/2020

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