Constitutional Justice Arief Hidayat giving a keynote speech virtually at a book review on “Judicial Legal Politics,” Saturday (11/6/2021). Photo by Humas MK/Hamdi.

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Saturday, November 6, 2021 | 15:15 WIB

PONTIANAK, Public Relations—The Constitutional Court’s (MK) decisions not only come into force and become legally binding since being pronounced at a public plenary hearing (ius constitutum), but also inform the legislatures of the direction of national legal development in the future (ius constituendum). In that context, the term judicial legal politics emerged, said Constitutional Justice Arief Hidayat when giving a keynote speech at a virtual book review of Politik Hukum Yudisial (Sumber Pembangunan Hukum Nasional) (Judicial Legal Politics (Resources of National Law Development)) on Saturday morning, November 6, 2021.

He also revealed that those decisions often contain orders, prohibitions, permission, recommendations, and obligations for the addressees of the decisions. “And this is a new window for legislatures to make laws in accordance with the directions conveyed by the Constitutional Court,” he said before 150 participants.

He added that the book has interesting things that are a novelty, for example, that the author states that the Constitutional Court’s decisions are a source of national law development and equal to or slightly lower than the Constitution itself. He explained there are 3 aspects of legal politics: ideal legal politics (Pancasila), basic legal politics (1945 Constitution), and instrumental legal politics (statutory laws and regulations).

“The nature and application of Pancasila as an ideal legal policy is permanent and cannot be changed or replaced because it is the nation’s life philosophy, national identity, and state foundation,” Justice Arief stressed.

He also appreciated the author’s notes on the legislatures’ disregard of the Court’s decisions by re-inputting revoked articles in laws, not following up on the decisions, and putting into the laws something different from what the Court ruled.

Concluding his speech, Justice Arief expressed hope that everyone including the book’s author keep developing their knowledge in order to help build Indonesia to become a fair, prosperous law-based state following Pancasila and the fourth paragraph of the Preamble to the 1945 Constitution.

The book Judicial Legal Politics (Resources of National Law Development) was written by Irfan Nur Rahman, a researcher of the Court. Constitutional law experts Ni’matul Huda and Jimmy Z. Usfunan were panelists of the book review.

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

Translation uploaded on 11/8/2021 16:14 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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