Chief Justice Anwar Usman and rector of the University of Mataram Lalu Husni after speaking at an event by the Student Representative Council, Friday (20/08/2021). Photo by Humas MK/Agung.

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Friday, August 20, 2021 | 22:41 WIB

MATARAM, Public Relations—One of the Constitutional Court’s (MK) authorities is reviewing laws against the Constitution (judicial review). Until today, the Court has decided on over 1,500 judicial review cases, said Chief Justice Anwar Usman in his keynote speech at the 2021 Legislative Training on “Generating Young Legislators with Democratic and Visionary Insights in Facing the COVID-19 Pandemic” organized by the Student Representative Council (DPM) of the University of Mataram (Unram) on Friday, August 20, 2021 at the auditorium. The event took place both on premise and virtually. Rector Lalu Husni, Mataram City Regional Legislative Council (DPRD) Chairman Didi Sumardi, and the university’s academic society attended the event on premise while around 200 participants attended it virtually.

Justice Anwar said amid the global COVID-19 pandemic, the Constitution as the state’s legal basis must be a guideline for all state administrators. In fact, the role of state administrators in upholding the Constitution must receive more focus during the pandemic as the people needs protection against greater loss and casualties.

He said one of the key materials of the Constitution is the protection of the citizens’ constitutional rights, which requires more attention amid the pandemic. The fourth paragraph of the Preamble to the 1945 Constitution clearly states the ideals and objectives of the state government: to protects all Indonesian people and the entire land of Indonesia.

“This means that there is no other meaning to the purpose of establishing a state government than to protect every citizen under any conditions and against anyone who can harm their constitutional rights,” he said.

Justice Anwar then explained the Court’s extraordinary authorities and obligation. Article 24 paragraph (1) of the 1945 Constitution stresses that the judicial power serves to reinforce law and justice, not merely written law. Meanwhile, Article 28D paragraph (1) talks about the right to legal certainty, and Article 28H mandates that the law be built upon justice and benefits.

“This emphasizes the need to enforce the law and justice simultaneously,” he said.

The Court’s authorities, pursuant to Article 24C of the 1945 Constitution, are to review laws against the Constitution, to decide on authority disputes between state institutions whose authorities are granted by the 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 according to the Constitution. It also has an additional authority to decide on disputes over the results of regional head elections.

Until today, Justice Anwar revealed, the Court has never decided on the dissolution of political parties and presidential/vice presidential impeachment. He hoped the day wouldn’t come that the Court would have to exercise those authorities, not because the Court would avoid it, but as it would be an indication of positive direction of Indonesia’s politics and democracy.

Writer        : Agung Sumarna
Editor        : Nur R.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 8/23/2021 12:19 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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