Chief Justice Anwar Usman speaking at a Special Training of Professional Advocate organized by the Congress of Indonesian Advocates (KAI) and the Law Faculty of Pasundan University, Saturday (9/25/2021). Photo by Humas MK/Agung.

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Saturday, September 25, 2021 | 15:24 WIB

BANDUNG, Public Relations—Chief Justice Anwar Usman spoke at a Special Training of Professional Advocate (DKPA) organized by the Congress of Indonesian Advocates (KAI) and the Law Faculty of Pasundan University on Saturday, September 25, 2021. He began his presentation on “The Constitutional Court and Its Procedural Law” by explaining the Constitution-mandated authorities of the Court. KAI chairperson Siti Jamaliah Lubis was also in attendance.

He said the Constitutional Court cannot be separated from the Refom era and the amendment to the 1945 Constitution, which was done in four stages. After the amendment, only Article 1 paragraph (1) on the form of the state has not changed, while other provisions were amended following the state’s and the people’s needs. These changes include Article 24C paragraphs (1) and (2) of the 1945 Constitution on the Constitutional Court and its authorities and obligation.

The Court adjudicates at the first and final levels with a final decision to review laws against the 1945 Constitution as well as to rule on authority disputes between state institutions whose authorities are granted by the 1945 Constitution, the dissolution of political parties, and disputes over general election results. It is also obligated to decide on the House of Representatives’ (DPR) opinion on an alleged violation of law committed by the president and/or vice president.

“With these four authorities and one obligation [of the Court], advocates have more opportunities than constitutional justices as their jurisdictions include not only [cases] in the Constitutional Court, but all courts. The opportunities are to uphold justice,” he said.

Local and Democratic Elections

Justice Anwar also talked about the Court’s additional authority to settle disputes over regional head elections until a special judicial body is established. He pointed out people’s misunderstanding of the meaning of regional head election (pilkada). Based on Article 18 of the 1945 Constitution, pilkada is carried out democratically. This is interpreted by the Court to mean that as long as the election runs democratically, it is legitimate and constitutional.

“This begs a question: if the election is carried out by the House and not directly by the people, would it be constitutional? Yes, it would. So, democratically in Article 18 of the 1945 Constitution can mean direct and indirect (election). The next question: why is it not determined firmly, whether directly by the people or by the House? It is because Article 18 of the 1945 Constitution had been passed by the [People’s Consultative Assembly (MPR)] before the Election Law on the direct presidential election was passed in 2001,” he explained.

Writer        : Sri Pujianti
Editor        : Nur R.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 9/28/2021 17:37 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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