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Chief Justice Anwar Usman speaking at an education and training on litigation organized by the Attorney General’s Office virtually, Thursday (1/7/2021) from the Constitutional Court. Photo by Humas MK/Ifa.

Thursday, July 1, 2021 | 16:39 WIB

JAKARTA, Public Relations—Chief Justice of the Constitutional Court (MK) Anwar Usman spoke at the 2021 education and training on litigation organized by the Attorney General’s Office on Thursday, July 1, 2021. Before some 30-odd public prosecutors, he delivered a presentation on “The Constitutional Court and the Its Procedural Law” alongside moderator Judhy Sutoto, the Head of the Center for Functional Technical Education and Training.

First, he introduced the Constitutional Court’s history. He explained that the Constitutional Court was founded after the 1998 Reform as a result of the amendment to the 1945 Constitution. Before the amendment, Article 24 paragraph (1) of the 1945 Constitution read, “The judicial power is exercised by a Supreme Court and by other judicial bodies pursuant to legislation.” After amendment, it became Article 24 paragraph (2) and now reads, “The judicial power is exercised by a Supreme Court with its subordinated judicial bodies within the form of general courts, religious courts, military courts, administrative courts, and by a Constitutional Court.”

“This means that the enforcement of the law not only means enforcing the law of action, but also justice,” he said at the virtual event.

He added that in the amended Constitution, the Constitutional Court has the authority to adjudicate at the first and final level, with a final decision, to review laws against the Constitution; to decide on authority disputes between state institutions whose authorities are granted by the 1945 Constitution; to decide on the dissolution of political parties; and to decide on disputes over general election results. It is also obligated to decide on the House’s opinion on an alleged violation of law committed by the president and/or vice president, pursuant to the Constitution.

“In the regional election cases at the Constitutional Court, public prosecutors are usually summoned to represent the [Regional General Elections Commission/KPUD] as Respondent and, of course, this is related to the function of public prosecutors that offer legal aid as attorneys,” the chief justice said.

Change to Administrative Structure

The 1998 Reform and the amendment to the 1945 Constitution, Justice Anwar said, also led to extraordinary changes to the administrative structure in Indonesia. He said there used to be the Supreme Advisory Council, which was dissolved with the amendment to the Constitution. However, it led to the founding of new institutions such as the Regional Representatives Council, the Judicial Commission, and the Constitutional Court.

“The Constitutional Court’s existence is a result of the amendment to Article 1 paragraph (2) of the 1945 Constitution. As the implementation to the mandate, the Constitutional Court emerged as an institution that guards the Constitution,” he explained.

At the end of his presentation, Justice Anwar expressed his hope that with their knowledge and faith, the public prosecutors would be law enforcers who seek justice. He then opened a Q&A session for them to ask questions and opinions about the authorities of the Constitutional Court.

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

Translation uploaded on 7/06/2021 07:14 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.

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