Constitutional Justice Daniel Yusmic P. Foekh speaking at the online Paralegal Studies for Churches XII organized by the Bethel Indonesia Legal Aid Institute on Friday (25/9). Photo by Humas MK/Ilham.
JAKARTA, Public Relations of the Constitutional Court—Since Law No. 16 of 2011 on Legal Aid is in force, paralegals can to provide the underprivileged legal aid in court. So, law lecturers and students affiliated with an accredited legal aid institute (LBH) can provide help to the public, said Constitutional Justice Daniel Yusmic P. Foekh at the online Paralegal Studies for Churches XII organized by the Bethel Indonesia Legal Aid Institute on Friday, September 25, 2020.
At the event moderated by Raja Basar A. N. Harefa of the Bethel Indonesia Legal Aid Institute, Justice Foekh that this issue had been lodged to the Constitutional Court in petitions No. 59/PUU-X/2012, which was withdrawn, and No. 88/PUU-X/2012, which was rejected. In the legal considerations in the Decision No. 88/PUU-X/2012, the Court expanded the parties that may provide legal aid.
"Legal aid is provided to legal aid recipients who face legal problems in civil and criminal law. Legal aid recipients are any person or group of underprivileged people who cannot fulfill their basic rights properly and independently. So, anyone who has civil or criminal law problems [can be defended] by a paralegal," he explained in a presentation on "The Duties, Functions, and Authorities of the Constitutional Court."
Justice Foekh said that that the Constitutional Court is actually one of the institutions that exercise an independent judicial power to uphold law and justice. Such a power is related to the protection of human rights and the rights of citizens.
Constitutional Court’s Authorities
Justice Foekh also said that the judicial power is the pillars of justice as contained in Article 24 paragraph (2) of the 1945 Constitution. It is exercised by the Supreme Court and the courts under it and by a Constitutional Court. The formation of the Constitutional Court has been discussed long before Indonesia’s independence. However, only in the 1970s that an idea was proposed about the Supreme Court’s authority to conduct judicial review with limited powers. In the amendment to the 1945 Constitution during the Reform, the Constitutional Court in the context of a rule of law that adheres to the principles of constitutionalism finally materialized.
"From this amendment, the duties and authorities of the Constitutional Court were born, affirmed in Article 24C paragraphs (1) and (2) of the 1945 Constitution. This is a constitutional duty that limits the authorities of the Constitutional Court," he explained.
The Constitutional Court’s authorities also developed to include the judicial review of the government regulations in lieu of laws (perppu) according to the Constitutional Court Decision No. 138/PUU-VII/2009 and, according to the Constitutional Court Decision No. 97/PUU-XI/2013, of the regional election disputes until a special judicial body is established. Therefore, the Constitutional Court has six functions: guarding the Constitution, interpreting the Constitution, guarding the election dispute resolution, protecting the constitutional rights of citizens, defending human rights, and guarding the state ideology Pancasila.
"So the Constitutional Court, in the development of its authorities, especially in deciding cases, is always guided by the 1945 Constitution of the Republic of Indonesia and by the evidence and beliefs of the justices who hear petitions," he explained.
Writer: Sri Pujianti
Editor: Lulu Anjarsari
Translator: Yuniar Widiastuti (NL)
Translation uploaded on 9/30/2020 13:23 WIB
Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian version, the Indonesian version will prevail.