Constitutional Justice Saldi Isra talking about Constitutional Court’s procedural law at the Special Education of Professional Advocate by the Association of Indonesian Advocates (Peradi) and the Islamic Faculty of the “45” Islamic University of Bekasi (Unisma), Monday (3/21/2022). Photo by Humas MK/Ilham W. M.

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Tuesday, March 22, 2022 | 09:10 WIB

JAKARTA, Public Relations—The 1945 Constitution divides the two branches of the judicial power into the Supreme Court (MA) and the Constitutional Court (MK) with different jurisdictions, in Article 24A. The Constitutional Court is regulated in Article 24C, said Constitutional Justice Saldi Isra at the Special Education of Professional Advocate (PKPA) by the Association of Indonesian Advocates (Peradi) and the Islamic Faculty of the “45” Islamic University of Bekasi (Unisma) virtually on Monday, March 21, 2022.

“Article 24A talks about the Supreme Court as one of the holders of the judicial power, then Article 24C talks about the Constitutional Court with its duties and authorities,” he said.

He then explained the Constitutional Court’s four authorities—to review laws against the 1945 Constitution, 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—and one obligation—to give a decision on the opinion of the House of Representatives (DPR) regarding alleged violations of the law by the president and/or vice president (impeachment).

Besides that, he added, the Court received one additional temporary authority from a law: to decide on disputes over the results of regional head elections (pilkada). “So, there are five jurisdictions [of the Constitutional Court] in the Constitution and one in the law, which is on the resolution of disputes over regional election results,” he said.

Justice Saldi also said that the Court’s main jurisdiction is the judicial review of laws against the Constitution, which emerged for the protection of citizens’ constitutional rights. Other jurisdictions, he said, were said to have been added later.

He also said that those jurisdictions have overlaps with state politics. “The judicial review of laws against the Constitution is clear, as is deciding on disputes between state institutions, for example. Unlike the Supreme Court, for example, whose task is more to handle concrete cases. In judicial review, not a concrete case that is reviewed, but the norm, how it contrasts with the Constitution,” he stressed.

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

Translation uploaded on 3/23/2022 13:40 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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