Constitutional Justice Enny Nurbaningsih giving a public lecture at Bosowa University, Makassar, South Sulawesi, Friday, (10/29/2021). Photo by Humas MK/Hamdi.

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Friday, October 29, 2021 | 20:23 WIB

MAKASSAR, Public Relations—The citizens’ constitutional rights to living, family and offspring, self-development, welfare, involvement in government, as well as women’s and children’s rights are regulated in the 1945 Constitution, said Constitutional Justice Enny Nurbaningsih at a public lecture of Bosowa University, Makassar, South Sulawesi in collaboration with the Constitutional Court (MK) on Friday, October 29, 2021.

Giving the lecture virtually, she said a judicial review petition depends on what the petitioner requests with regard to the violation of those constitutional rights. “This [determines] whether the petitioner’s argument of the constitutional loss [is warranted],” she said.

She then revealed that the Court is the result of the Reform. She explained that the idea of a constitutional court started when Moh. Yamin made a proposal during a BPUPKI (Investigating Committee for Preparatory Works for Independence) meeting that the Supreme Court be authorized to review laws. Soepomo rejected it because the Constitution did not follow trias politica and because there were not many qualified law graduates at that time. Then, in the 1970s the Legal Scholars Association proposed that the Supreme Court be granted the authority to review laws. It was not realized until the Reform took place and the Constitution was amended.

Justice Enny said the Court has authorities derived from the 1945 Constitution. Based on Article 24C paragraph (1) of the 1945 Constitution, the Court has the authority to adjudicate laws against the 1945 Constitution at the first and last level with decisions that are final, 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. 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 pursuant to the Constitution.

“Currently, in our presidential system, the president is in office for five years. But within the term, the president may commit acts that violates the law. How is the law enforced so that there is no such a leader? The mechanism is called impeachment. The Constitutional Court has an authority relating to the DPR’s [House of Representatives] intention to impeach the president. So, the Court determines the president-elect should there be any dispute as well as the impeachment of the president,” Justice Enny explained.

In addition, she added, the Court has an additional authority not derived from the 1945 Constitution, but from the Pilkada Law. “We intend that a special judicial body [is tasked with] settling regional election results disputes. However, this body has not been formed until today. Until then, [the authority] lies with the Constitutional Court,” she stressed.

Justice Enny also said that the Court’s authorities were developed to include judicial review of the perppu (government regulation in lieu of law), with the consideration that it leads to new norms of law whose force equals that of laws.

Writer        : Utami Argawati
Editor        : Lulu Anjarsari P.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 11/2/2021 12:55 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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