Deputy Chief Justice Aswanto and Constitutional Justice Daniel Yusmic P. Foekh with Minister Counselor of KBRI Uzbekistan Rofita at a meeting with Deputy Chairman of the Constitutional Court of Uzbekistan Gafurov Asqar Boyisovich in Tashkent, Saturday afternoon (12/18/2021). Photo by Humas MK.

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Sunday, December 19, 2021 | 10:53 WIB

TASHKENT, Public Relations—Pursuant to Article 24C of the 1945 Constitution, the Constitutional Court of the Republic of Indonesia (MKRI) is authorized to adjudicate laws against the 1945 Constitution at the first and last level with decisions that are final, said Deputy Chief Justice Aswanto alongside Constitutional Justice Daniel Yusmic P. Foekh at a meeting with the Indonesian Embassy (KBRI) for the Republic of Uzbekistan on Saturday, December 18, 2021 in Tashkent, Uzbekistan.

“Any laws that the people deem in violation of the 1945 Constitution can be petitioned in the MKRI,” he said. He added that the MKRI has the authority to decide on authority disputes between state institutions whose authorities are granted by the 1945 Constitution and to decide on the dissolution of political parties, the latter of which, he added, “Until today has not been exercised by the MKRI because there hasn’t been such a petition.”

In addition, the MKRI is authorized to decide on disputes over general election results—the legislative (DPR, DPD, provincial/regency/city DPRD) and presidential election. Justice Aswanto added that several times the losing presidential tickets filed a petition to the MKRI. “In President Joko Widodo’s first and second term [a petition was sent] to the MKRI,” he said.

The MKRI also has one obligation: to decide on the House’s opinion of alleged constitutional violation committed by the president and/or vice president. It has never been exercised by the MKRI.

The deputy chief justice also said that the MKRI has an additional authority to decide on the regional head elections (pilkada), which compels the constitutional justices to be cautious when visiting the regions, as almost all regions filed a petition to the MKRI.

He talked about the MKRI’s decisions to order a revote disqualify candidates. For example, in the South Kalimantan gubernatorial election in 2020, the MKRI ordered the KPU (General Elections Commission) to carry out a revote. In Sabu Raijua Regency, East Nusa Tenggara, it disqualified the regent-elect due to nationality issue.

Concluding his presentation, Justice Aswanto relayed greetings from Chief Justice Anwar Usman to the audience. “Along with a prayer that we are all blessed with health,” he said.

Justices Aswanto and Foekh also made an official visit to the Constitutional Court of the Republic of Uzbekistan for a bilateral meeting and a judicial dialogue. At the meeting, on behalf of the ambassador, Minister Counselor for Politics of KBRI Uzbekistan Rofita and several staff members gave a warm welcome to the MKRI delegation and expressed their enthusiasm for the visit. She hoped the visit would help strengthen relations between the two countries.

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

Translation uploaded on 12/20/2021 13:48 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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