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Chief Justice Anwar Usman speaking at a Special Education of Professional Advocate (PKPA) organized by the West Jakarta Peradi and the Law Faculty of Bhayangkara Jakarta Raya University virtually, Sunday (25/7/2021). Photo by Humas MK/Ifa.

Sunday, July 25, 2021 | 17:05 WIB

JAKARTA, Public Relations—Chief Justice of the Constitutional Court (MK) Anwar Usman spoke at the Special Education of Professional Advocate (PKPA) Batch XV organized by the West Jakarta branch executive board (DPC) of Peradi and the Law Faculty of Bhayangkara Jakarta Raya University (UBHARA JAYA) on Sunday afternoon, July 25, 2021.

Justice Anwar began his presentation by saying that advocates have high, extensive, and deep authority, which can be an opportunity for worship. “I have often said that when someone carries out their profession with the intent to worship, retribution for good deeds will continue to come. On the other hand, if an advocate hides facts, they will sin. This also applies to judges,” he said before all forty participants.

Then, he started explaining the procedural law in the Constitutional Court. he said that the founding fathers at first proposed that the Supreme Court be given an authority to review laws. Soepomo rejected the idea because the Constitution did not follow trias politica and because there were not many qualified law graduates at that time.

“There weren’t many law graduates at the time, and judges were not trained to review laws. So, the request to found a body to review law fell through. If it was proposed that the Supreme Court be authorized to review laws against the Constitution, the Constitutional Court would not be needed,” he said.

Before the amendment to the Constitution, the judicial power was exercised by the Supreme Court and other judicial bodies pursuant to legislation. The structure and power of the judiciary was regulated by legislation. However, after the amendment to the Constitution, the judiciary is free to enforce law and uphold justice. The judicial power is exercised by the Supreme Court with its subordinate judicial bodies within the form of general courts, religious courts, military courts, administrative courts, and by the Constitutional Court. other bodies whose functions are related to the judicial power are regulated in the legislation.

Justice Anwar said the Constitutional Court was founded after the amendment to the Constitution, when constitutional reform was demanded, including of Article 24. The Court adjudicates at the first and final level, with a final decision. “From this, it was determined by Article 29 paragraph (1) of Law No.48 of 2009 on Judicial Power that the Constitutional Court decisions are final,” he explained.

He added that Article 24C paragraph (1) of the 1945 Constitution stipulates that the Constitutional Court is authorized to adjudicates at the first and final level, with a final decision, to review laws against the 1945 Constitution, to decide on authority disputes between state institutions, to decide on the dissolution of political parties, and to decide on disputes over general election results

Meanwhile, Article 24C paragraph (2) stipulates that the Court is obligated to decide on the House’s (DPR) opinion on an alleged violation of law committed by the president and/or vice president. Justice Anwar added that pursuant to Article 157 paragraph (3) of Law No. 10 of 2016, the Court is additionally authorized to settle regional head election disputes (pilkada) until a special body is established to take over this authority.

Justice Anwar also said that laws may be reviewed materially and/or formally. Material judicial review concerns the content of articles, paragraphs, or part of laws that are deemed in conflict with the 1945 Constitution. Meanwhile, formal judicial review concerns the lawmaking process and other matters outside of material judicial review.

https://youtu.be/QtWz2GJw3UU

Writer        : Utami Argawati
Editor        : Lulu Anjarsari P.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 7/26/2021 17:55 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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