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Constitutional Justice Daniel Yusmic P. Foekh speaking at the 6^th Congress of the Association of Indonesian Christian Intelligence (PIKI) virtually, Thursday (17/12/2020) from the Constitutional Court. Photo by Humas MK/Panji.

JAKARTA, Public Relations of the Constitutional Court—Constitutional Justice Daniel Yusmic P. Foekh spoke at the 6^th Congress of the Association of Indonesian Christian Intelligence (PIKI) entitled “The Strategic Position of Christian Congregation Organizations in the Indonesian Political System” virtually on Thursday afternoon, December 17, 2020.

Justice Foekh began his presentation by explaining the Constitutional Court’s (MK) position in the political system after the amendment to the 1945 Constitution. Prior to the amendment to the 1945 Constitution, the People’s Consultative Assembly (MPR) used to be the highest state institution. Afterward, it is equal to other high state institutions.

“Actually, the administration structure of Indonesia prior to the amendment to the 1945 Constitution was used to be dual political in nature. On one hand, there was the political power of the MPR. On the other hand, there was the legal power of the Supreme Court,” he said.

After the amendment to the 1945 Constitution, the administration structure of Indonesia is vast. In the structure are the president, the House of Representatives (DPR), the People’s Consultative Assembly (MPR), the Regional Representatives Council (DPD), the Supreme Court (MA), the Constitutional Court (MK), the Audit Board (BPK), and so on. Each has vision, mission, and objectives.

“However, all are directed to the state objectives within the Preamble to the 1945 Constitution in the fourth paragraph. This is the administration structure of Indonesia after the amendment to the 1945 Constitution” Justice Foekh said.

He then explained the history of judicial review since the United States’ Marbury v. Madison (1803) when the Supreme Court annulled the provision on the appointment of judges, which founded the judicial review authority of the U.S. Supreme Court. The U.S. doesn’t have a constitutional court, but the functions of a constitutional court lie with the Supreme Court.

Austrian jurist Hans Kelsen first proposed the formation of a constitutional court. In 1920, the first constitutional court was established in Austria. Meanwhile, in Indonesia, such an authority was proposed during the independence era by Muhammad Yamin. The idea was rejected by Soepomo because the Constitution did not follow trias politica and because there were not many qualified law graduates at that time.

In the 1970s, the Association of Law Graduates proposed that the Supreme Court be given an authority to review laws. Law No. 14 of 1970 gave it a limited judicial review authority to review regulations under laws. Then, during the discussions of the ad hoc committee on the amendment to the 1945 Constitution in 1999-2002, the idea to establish a constitutional court was proposed. The Constitutional Court of the Republic of Indonesia was then established in August 13, 2003 as the 78^th in the world. The Constitutional Court is referred to in Article 24C of the 1945 Constitution.

Then, Justice Foekh explained the Constitutional Court’s authorities to examine laws against the 1945 Constitution, decide on authority disputes between state institutions, and decide on the dissolution of political parties, and decide on disputes over general election results. It also has the obligation to decide on the House’s opinion of alleged violation committed by the president and/or vice president.

“It also has an additional authority to rule on pilkada results disputes before a special judicial body is formed,” he added. He also said the Court also acts as the guardian of the Constitution, the guardian of democracy, the protector of the citizens’ constitutional rights, the protector of human rights, the final interpreter of the Constitution, and the protector of the state ideology,

Writer: Nano Tresna Arfana
Editor: Nur R.
Translator: Yuniar Widiastuti (NL)

Translation uploaded on 12/22/2020 23:27 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.

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