Compliance with Constitutional Court Decisions, Part of Legal Audit

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Constitutional Court researcher Pan M. Faiz giving a presentation virtually at the Pilot Legal Audit Guidelines Drafting of 2021 organized by the Center for Analysis and Evaluation of National Laws of the National Law Development Agency, Tuesday (11/23/2021). Photo by Humas MK/Ilham W.M.

Tuesday, November 23, 2021 | 16:38 WIB

JAKARTA, Public Relations—Legal audits concerns assessing a company’s legal issues. In terms of the arrangement and simplification of regulations in Indonesia, legal audit concerns the assessment of compliance and legal application of the provisions of legal norms as well as the implementation of laws and regulations, including the Constitutional Court’s decisions, said researcher Pan Mohamad Faiz at the Pilot Legal Audit Guidelines Drafting of 2021 organized by the Center for Analysis and Evaluation of National Laws of the National Law Development Agency (BPHN) on Tuesday, November 23, 2021 virtually.

Faiz also said that the obligation to comply with and implement the Constitutional Court’s decisions has a philosophical basis in the 1945 Constitution as the supreme law in Indonesia. Therefore, no laws and regulations shall contradict the 1945 Constitution. So, in complying with the Constitution, including the decisions of the institution that oversees it—the Constitutional Court—every state institution and all citizens are obliged to implement the Constitutional Court’s decisions. Moreover, the Constitutional Court’s judicial review decisions are closely related to legislation.

“However, it must be understood the Constitutional Court is not the sole interpreter of the provisions of the law. Instead, various other parties including lecturers also play a role in it. However, in case of multiple interpretations of a norm, the issue can be brought to the Constitutional Court. So, when the decision of a norm is issued by the Constitutional Court, it is called an interpretation,” Faiz explained.

In his presentation, he also revealed recommended methods to realize constitutional supremacy in relation to the implementation of the Constitutional Court’s decisions as part of legal audit. First, the implementation needs support and attention from stakeholders and state institutions, including the BPHN. Second, the pilot guidelines for the BPHN Legal Audit should perform legal analysis and evaluation on lawmaking so that legislation follow the Constitutional Court’s decisions. Last, the BPHN through the Center for Analysis and Evaluation of National Laws (Pusanev) can cooperate with the Constitutional Court in monitoring and evaluating laws and regulations based on the Constitutional Court’s decisions.

Other panelists at the event were deputy registrar of the Supreme Court Yanto, who talked about the Supreme Court’s authority in lawmaking, and Andalas University lecturer Feri Amsari, who talked about executive review of laws and regulations.

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

Translation uploaded on 11/24/2021 13:42 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.