Chief Justice Talks Advocates’ Role in Law Enforcement
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Chief Justice Anwar Usman answering questions by the participants of the Special Education of Professional Advocate (PKPA) Batch XI organized Widyagama University of Malang and the branch executive board of Peradi virtually from the Constitutional Court. Photo by Humas MK/Ilham W. M.

Saturday, June 26, 2021 | 19:21 WIB

JAKARTA, Public Relations—Chief Justice of the Constitutional Court (MK) Anwar Usman delivered a key lecture at the Special Education for Professional Advocates (PKPA) Batch XI organized by the Law Faculty of Widyagama University and the Malang branch executive board (DPC) of the Association of Indonesian Advocates (Peradi) on Saturday, June 26, 2021. Widyagama University rector Agus Tugas, Malang branch Peradi chairman Dian Amimuddin, and Law Faculty members of Widyagama University attended the lecture virtually.

Justice Anwar started his lecture with an explanation of the drastic changes in the amendment to the 1945 Constitution, which includes almost 92% of the norms therein. He explained that the 16 chapters turned into 21, and 37 articles into 73. He also talked about Article 24 paragraph (1), which stipulates that the Constitutional Court is a judicial body authorized to hear at the first and final instances where the judgment shall be final in nature to review laws against the 1945 Constitution, to decide on authority disputes between state institutions, to decide on disputes over the results of general elections, and to decide on the dissolution of political parties whose ideologies are against the state ideology.

“The 1945 Constitution concerns state life, so the Constitutional Court safeguard [its implementation]. Of the legislative-made laws, if any one person feels that the article(s), paragraph(s), or phrase(s) in those norms violate their constitutional rights, they could make it the object of a petition to the Constitutional Court,” he said.

Justice Anwar reminded the advocates that the Constitutional Court cannot satisfy everyone with its decisions. Therefore, it is important that advocates introduce legal understanding of the decisions of the cases to the justice seekers. He believes that the enforcement of law and justice not only lies with the police force and judges—in the religious court, the commercial court, the state administrative court, etc.

“Advocates also plays a role in the enforcement of law and justice. So, your duty as advocates is not only to win cases, but most importantly to assist in the enforcement of law because [you] are law enforcement apparatuses and in an equal position as prosecutors. Advocates may even have a wider role. Judges have limited jurisdiction in terms of cases or law, but advocates don’t. An advocate’s jurisdiction may spread from Sabang to Merauke. The cases advocates can solve vary—be it criminal, civil, or constitutional. Advocates may also serve as attorneys to the petitioners in filing a petition to the Constitutional Court,” he explained.

Justice Anwar also talked about the steps to file a petition to the Constitutional Court, one of which is to follow the format as laid out in the Court’s regulations. He also explained the procedure that the litigants undergo. After concluding his lecture, he opened a discussion on the procedural law of the Constitutional Court for the participants.

Link to the YouTube video: https://youtu.be/1C_gTTKNmGs

Writer        : Sri Pujianti
Editor        : Lulu Anjarsari P.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 6/28/2021 12:14 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.


Saturday, June 26, 2021 | 19:21 WIB 227