Chief Justice Anwar Usman speaking at the Integrated PPC Training I Program of the Military Court, Tuesday (9/21/2021) at the Supreme Court Training and Education Center. Photo by Humas MK/Panji.

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Tuesday, September 21, 2021 | 10:44 WIB

JAKARTA, Public Relations—Chief Justice of the Constitutional Court (MK) Anwar Usman spoke at the Integrated PPC Training I Program of the Military Court organized by the Supreme Court Training and Education Agency (Badiklat MA) on Monday evening, September 20, 2021 at the Supreme Court Training and Education Agency (Pusdiklat MA).

He said that the Constitutional Court is a judicial body born after the 1998 Reform as the consequence of the amendment to the Constitution, especially Article 24. Before the amendment, Article 24 paragraph (1) read, “Judicial power shall be made by a Supreme Court and other judicial bodies according to legislation.” After the amendment, Article 24 paragraph (2) reads, “Judicial power shall be made by a Supreme Court and judicial bodies thereunder within a general judicature, religious court, military court, state administration court, and by a Constitutional Court.”

Change in Administrative Structure

Justice Anwar explained that the 1998 Reform and the amendment to the Constitution brought immense impacts on the administrative structure. There used to be the Supreme Advisory Council (DPA), which was dissolved after the amendment. However, new institutions such as the Regional Representatives Council, the Judicial Commission, and the Constitutional Court emerged.

“The Constitutional Court is also a consequence of the amendment to Article 1 paragraph (2) of the 1945 Constitution, whose implementation brought about the Constitutional Court to guard the Constitution,” he explained.

Constitutional Court’s Authorities

Justice Anwar added that the amended Constitution stipulates that the Constitutional Court adjudicates judicial review cases at the first and last level with decisions that are final, decides on authority disputes between state institutions whose authorities are granted by the 1945 Constitution, decides on the dissolution of political parties, and decides 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.

Explaining the Court’s judicial review authority, Justice Anwar said that a law made after months of discussion by 575 members of the House of Representatives (DPR), the president, and the ministers can be repealed by the Court after being petitioned by a citizen who feels that their constitutional rights are violated due to the enactment of the law.

In the past, the president once requested political parties to disband. After the amendment to the Constitution, the president must go through the Constitutional Court first to do so.

The Court also adjudicates interagency authority disputes if those agencies are mentioned in the 1945 Constitution. For example, if the president issues a provision on cassation while it is under the Supreme Court’s jurisdiction.

Justice Anwar added that, in relation to the Court’s obligation, the process to impeach the president and/or vice president is not easy. The House must first hold a session with two-thirds of its members in attendance and two-thirds of them must approve of the petition. After declaring the president and/or vice president’s guilt, the House file a petition to the Court, who then decides on the opinion. If the Court rules to affirm the guilt, the People’s Consultative Assembly (MPR) will decide on the matter following statutory laws and regulations. Justice Anwar stressed that the Constitutional Court can only examine cases when petitions are lodged.

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

Translation uploaded on 10/3/2021 20:20 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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