Junior Researcher Nallom Kurniawan giving a presentation for the PKL (internship) program of the law students of the Muhammadiyah University of Magelang (UNIMMA), Wednesday (1/5/2022) virtually. Photo by Humas MK/Ilham W. M.

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Wednesday, January 5, 2022 | 20:45 WIB

JAKARTA, Public Relations—The Constitution must be maintained because it reflects the people’s sovereignty and social contract containing shared goals and state aspirations, said Junior Researcher Nallom Kurniawan virtually at a PKL (internship) program of the Law Faculty of the Muhammadiyah University of Magelang (UNIMMA) on Wednesday, January 5, 2022.

“Within the 1945 Constitution, there are the state ideals, the state ideology, and the spirituality of the state founders when forming this republic. Therefore, the shared commitment in the Constitution must be maintained by the nation’s citizens,” he said.

He first introduced the law students to the history of the Constitutional Court. The idea of a constitutional court, he said, first came from Austrian jurist Hans Kelsen, who envisioned a provision that would ensure constitutional supremacy. An organ is thus needed to review whether legal products are in line with or go against the constitution.

He then said that such a concept was proposed by M. Yamin, who suggested that the Supreme Court be given the authority to review laws. The idea did not materialize until after the 1998 Reform and the 1945 Constitution was amended. Its founding was based on the amendment to Article 24.

Nallom added that Article 24C paragraphs (1) and (2) of the 1945 Constitution regulates the four authorities and one obligation of the Constitutional Court. 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. It also has an additional authority to rule on regional election (pilkada) disputes pursuant to Article 157 paragraph (3) of Law No. 10 of 2016 on the Regional Head Elections.

https://www.youtube.com/watch?v=QW-ECYDpqDU

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

Translation uploaded on 01/10/2022 14:28 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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