Constitutional Justice Enny Nurbaningsih speaking at a professional placement by the Sharia and Law Faculty of UIN Walisongo Semarang, Friday (10/8/2021). Photo by Humas MK/Ifa.

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Friday, October 8, 2021 | 19:55 WIB

JAKARTA, Public Relations—Constitutional Justice Enny Nurbaningsih gave a presentation at a professional placement and signing of memorandum of understanding between the Constitutional Court and the Sharia and Law Faculty (FSH) of the Walisongo State Islamic University (UIN) of Semarang on Friday, October 8, 2021. The event on “The Constitutional Court’s Institution, Duties, and Authorities in the State Administration System” took place virtually on Zoom from the theater building of the faculty. The faculty’s dean Arja Imroni was also in attendance.

Justice Enny talked about M. Yamin’s who proposal of a judicial review institution in charge of reviewing laws that contradict the Constitution and exceed the provisions outlined by the Constitution. However, because of the unfavorable atmosphere at that time, the idea was rejected by many, including Soepomo. However, the association of Indonesian law scholars continued to encourage such an institution. Finally, it was realized through democracy during the Reform era.

“After the Reform, many changes occurred and M. Yamin’s wish was realized in a different manifestation. The MPR Decree No. III/MPR/2000 on the Legal Sources and Hierarchy of Laws and Regulations paved the way, but was only regulatory and was not implemented yet. Only after the amendment to the 1945 Constitution did the state administration system changed along with the structure. Now all state institutions are equal, including the Constitutional Court,” Justice Enny explained.

Then she explained the structure of the Constitutional Court: chief justice, deputy chief justice, constitutional justices, ethics council, secretary-general, and chief registrar. The Court also has researchers, case data and decision administrators, and secretary to the constitutional justices. These human resources assist the constitutional justices in their duty of reviewing laws petitioned to the Court. Through these judicial and non-judicial assistants, the Court continues to strive to perform professionally. Therefore, the constitutional justices strive to optimally carry out their roles and duties to support the fulfilment of the citizens’ constitutional rights.

Justice Enny also explained the Court’s authorities aside from what are mentioned in Article 24C of the 1945 Constitution. The Court is also authorized to review government regulations in lieu of laws (perppus) as they create new legal norms that apply just like laws do. The Court review laws against the 1945 Constitution materially and formally. Formal judicial review concerns the lawmaking procedure, while material concerns the content of articles, paragraphs, or part of laws or perppus that are deemed in conflict with the 1945 Constitution

She also explained the format of a petition, the procedure to file it, and the chronological detail of the judicial review proceedings until a case is ruled. “The verdict may be that [the petition] is inadmissible [(niet ontvankelijke verklaard)], granted entirely or in part, rejected entirely, and granted with conditions, or imposed with an interlocutory injunction. In addition, pursuant to Article 73 paragraph (3) of the [Constitutional Court Regulation/PMK] No. 2 of 2021, if necessary, the Court may add another ruling,” she said.

Writer        : Sri Pujianti
Editor        : Lulu Anjarsari P.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 10/11/2021 16:46 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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