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Friday, March 12, 2021 | 11:27 WIB

Secretary-General M. Guntur Hamzah delivering a virtual public lecture at the 69th Anniversary of the Law Faculty of Hasanuddin University, Friday (12/3/2021). Photo by Humas MK.

JAKARTA, Public Relations—Secretary-General of the Constitutional Court (MK) M. Guntur Hamzah delivered a public lecture at the 69th Anniversary of the Law Faculty of Hasanuddin University (FH Unhas) on Friday, March 12, 2021. The online-offline event was attended by 300 participants from the faculty’s new building, named after Prof. Dr. H. Baharuddin Lopa, S.H.

In his lecture entitled “Constitutional Court in Indonesia’s State Administration System,” Guntur talked about the judicial review, which was popularized by the US with the case Hylton v. the United States Government in 1796. However, the Supreme Court decided not to annul the Tax on Carriages Act 1794. The plaintiff in the case believed that the law was against a law on prohibition of tax treaty. However, Justice William Paterson refuted this because the US at the time was in need of sources of income.

“The petition was rejected and the law continued to apply because it wasn’t seen as a monumental incident. Only in the case of Marbury v. Madison in 1803 did the US Supreme Court annul a law, which concerned the appointment of judges. This was the first legal product revoked by Justice John Marshall in the US Supreme Court,” Guntur explained before Unhas’ Law Faculty Dean Farida Patittingi and lecturer Ahsan Yunus.

Guntur said in 1919 Austrian jurist Hans Kelsen introduced the idea of a constitutional judicial body, which was then established in Austria in 1920. Indonesia is the 86th country that established such a body. However, the idea for such a body started even before the independence, when M. Yamin proposed a supreme court to exercise its authorities. However, the other national figures rejected this idea during the Investigating Committee for Preparatory Works for Independence (BPUPK).

Only in 1999–2002 after the 1945 Constitution was amended did the idea for a constitutional court to review laws was accepted by the People’s Consultative Assembly (MPR). The Court was then established in 2003, with the authority to examine laws against the 1945 Constitution, decide on authority disputes between state institutions, decide on the dissolution of political parties, and decide on disputes over general election results. It is also obligated to provide an opinion of alleged violation committed by the president and/or vice president. 

“In addition, the Court was also given an additional authority to rule on regional head election disputes until a special judicial body is established to settle such cases,” he explained.

Guntur also explained the legal bases, functions, and statistics of the Court’s decisions as well as its characteristics as a constitutional judicial body in Indonesia. After the lecture ended, the participants were given an opportunity to ask questions on the lecture.

The Law Faculty of Hasanuddin University was founded on March 3, 1952 based on the Decree of the Minister of Education and Culture No. 3399/Kab dated January 30, 1952 under the name of the Faculty of Law and Public Knowledge. In 2021, the faculty celebrated its 69th years in the legal education. Today the faculty was headed by Farida Patittingi, whose tenure as dean started in 2014 and will end in 2022.

Writer: Sri Pujianti
Editor: Nur R.

Translator: Yuniar Widiastuti
Editor: NL

Translation uploaded on 3/12/2021 18:53 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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