Secretary-General M. Guntur Hamzah speaking at the Professional Work Lecture III by the Police of the Republic of Indonesia, Thursday (9/2/2021). Photo by Humas MK/Panji.

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Thursday, September 2, 2021 | 15:54 WIB

JAKARTA, Public Relations—Secretary-General of the Constitutional Court (MK) M. Guntur Hamzah spoke at the Professional Work Lecture (KKP) III of 2021 virtually on Thursday morning, September 2, 2021. The program, entitled “Legal Development Strategies to Increase Inter-Agency Synergy to Support National Development” was organized by the Police of the Republic of Indonesia in collaboration with the Constitutional Court. Police Chief Commissioner Budi Indra Dermawan was in attendance.

In his presentation, Guntur explained Indonesia’s administration system. He said that when the 1945 Constitution was amended, the foundation of the Constitutional Court was proposed in order to guard the purity of the Constitution.

“Our Constitution is the supreme law of the land, the supreme foundation, along with Pancasila is the source of all sources of the law. It is because Pancasila in contained in the Preamble to the 1945 Constitution. Unsurprisingly, Pancasila and the 1945 Constitution are two sides of a coin—inseparable but are distinct from one another,” he said.

Guntur said Indonesia needed an institution to guard the Constitution aside from the Supreme Court. “Constitutional practice in our country was low. Therefore, an institution that can perform duties to guard the Constitution was needed,” he added.

He further provided an analogy with the establishment of the Corruption Eradication Commission (KPK) during the New Order, when corruption practices were rampant. Such an institution was not found in other countries. It was not easy to form Constitution-mandated state institutions.

Indonesia reflected on the success of the establishment of a constitutional review body in other countries and became the 86th country to found a constitutional court. In some countries, the foundation of a constitutional court led to significant change of constitutional practices, where the people became increasingly aware of their constitutional rights.

Guntur also explained that the establishment of the Constitutional Court was not stipulated in a law but in the 1945 Constitution in order to ensure its existence. This indicates Indonesia’s commitment to establishing a constitutional court. The Constitutional Court is one of the eight Constitution-mandated state institutions along with the president, the People’s Consultative Assembly (MPR), the House of Representatives (DPR), the Regional Representatives Council (DPD), the Audit Board (BPK), the Judicial Commission (KY), and the Supreme Court (MA).

“The Constitutional Court’s existence was so strategic that it was stipulated in the 1945 Constitution so Indonesia’s administration system after the amendment to the 1945 Constitution underwent some changes. State institutions became equal. However, many members of the community are not aware of that yet,” he said.

In Indonesia’s administration system, Guntur added, the sovereignty shall be in the hand of the people and implemented according to the Constitution. Supremacy, initially in the hand of the MPR, is now in the 1945 Constitution. All must abide by the Constitution.

Next, Guntur explained the Constitutional Court’s strategic authorities—to review laws against the 1945 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.

The 1945 Constitution claims the highest position in the state. The Constitutional Court would not hesitate to repeal laws that are unconstitutional. “Because we are a legal state, the state abides by the Constitution. In this context, the Constitutional Court has a strategic role in relation to its decisions,” Guntur stressed.

Writer        : Utami Argawati
Editor        : Nur R.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 9/13/2021 11:38 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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