Constitutional Justices Suhartoyo and Saldi Isra giving public lectures on Pancasila to Muhammadiyah University of Tasikmalaya, Wednesday (12/22/2021). Photo by Humas MK/Ilham W.M.

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Wednesday, December 22, 2021 | 19:51 WIB

TASIKMALAYA, Public Relations—Constitutional Justices Suhartoyo and Saldi Isra delivered public lectures on “The Constitutional Court’s Jurisdiction in Strengthening the Constitutional System and Democracy in Indonesia” on Wednesday afternoon, December 22, 2021 at Muhammadiyah University of Tasikmalaya (UMTAS). The hybrid (online and onsite) event was organized as collaboration between the Constitutional Court (MK) and UMTAS.

Starting the first lecture, Constitutional Justice Suhartoyo explained the Constitutional Court’s jurisdiction. “I was surprised that UMTAS don’t have a law faculty. However, in my opinion, Pancasila and the study of law are an inseparable unity. Pancasila is actually the ‘ancestor’ of the law and all laws. Any norm of the law that goes against the spirit of Pancasila is unconstitutional,” he explained.

He went on to explain the Court’s jurisdiction. First, reviewing laws against the Constitution. “The assumption that exists in the community that all regulations can be reviewed in the Constitutional Court is not true as the Court only reviews laws. Any regulation under the law is reviewed in the Supreme Court,” he said.

Next, deciding on authority disputes between state institutions, for example between the House of Representatives (DPR) and the Regional Representatives Council (DPD) or the president and the Audit Board (BPK), and so on. Those who believe their authority is disrupted can file a petition to the Court.

The Court can also decide on the dissolution of political parties, which is petitioned by the government in the event that the party in question has ideologies that are against Pancasila or the Constitution.

Fourth, the Court is also authorized to decide on presidential and legislative elections disputes. It is also obligated to decide on the House’s opinion on an alleged violation of law or obscene act committed by the president and/or vice president. Disputes over the results of regional head elections are also within its jurisdiction.

History of Indonesian Constitution

Constitutional Justice Saldi Isra also explained that the Court was born from the amendment to the 1945 Constitution. Indonesia, he said, had used several constitutions.

“There was the 1945 Constitution designed by the nation’s founders, which was then replaced by the 1949 Constitution of the Republic of the United States of Indonesia, replaced by the Provisional Constitution of 1950, back to the 1945 Constitution on July 5, 1959 when President Soekarno issued a decree and abolished the Constitutional Assembly,” he explained.

In 1999, university students drove the Reform era by demanding that the 1945 Constitution be amended. The amendment took place in 1999-2002, which initiated the founding of the Constitutional Court. In addition, there was a change to democracy: direct presidential election since 2004. At the time, Soesilo Bambang Yudhoyono was elected president, then re-elected in 2009. In 2014, Joko Widodo was elected directly and took office until today.

Constitutional Court’s Hearings and Rulings

Justice Saldi explained the petitioner could be Indonesian individuals or group of citizens, customary law communities, private and public legal entities, as well as state institutions. “Those who feel that their constitutional rights have been impaired or lost,” he stressed.

He then revealed that the Court had granted a petition on the Population Law regarding the religious identity of a number of citizens on the KTP (ID card). The Court ruled that adherents of indigenous faiths could have their faiths put in the KTP.

He also talked of the judicial review of the Marriage Law, in which the Court ruled to raise the minimum marriageable age. The Court also once repealed the State Budget (APBN) Law because it believed the minimum 20% budget allocation for education was insufficient. It also ruled on a petition on the Law on Health Workers and other laws on medical issues.

Before concluding his lecture, Justice Saldi sent a message to UMTAS students who attended the lecture onsite and online.

“Therefore, although [you] are not studying [law], you must follow legal debates in the Constitutional Court once in a while. One day [you] could be filing a petition to the Court. Most importantly, [you] should be able to explain to the Court why you feel harmed by a certain article or law. Then, let us judge it,” he said.

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

Translation uploaded on 12/29/2021 10:35 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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