Constitutional Justice Enny Nurbaningsih delivering a public lecture for the University of Balikpapan, Thursday (3/31/2022). Photo by Humas MK/Agung.

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Friday, April 1, 2022 | 07:41 WIB

JAKARTA, Public Relations—Constitutional Justice Enny Nurbaningsih delivered a public lecture on “The Constitutional Court’s Judicial Review Authority” at a joint event of the Constitutional Court (MK) and the University of Balikpapan (Uniba) on Thursday, March 31, 2022. She explained the history of Indonesia’s administrations.

She revealed that the Constitutional Court was born from the Reforms through the third stage of the amendment to the 1945 Constitution in order to strengthen checks and balances among the legislatures. However, long before, the nation’s founders had proposed an institution authorized to review laws. Through TAP MPR (People’s Consultative Assembly Decree) No. III/MPR/2000 on the Sources of Law and Legislative Hierarchy, the authority was granted to the MPR (People’s Consultative Assembly).

“Starting from the TAP MPR, the initiative to realize checks and balances, which was previously granted to the MPR, not a special body, was started until it expired,” Justice Enny said before the lecturers and students of the Master of Laws Program at the Law Faculty of Uniba.

She added that during the New Order, 139 TAP MPR and MPRS (Temporary MPR) showed the rearrangement of the administration, the state policy, and the administration design. Not all administrative matters are enshrined in the Constitution, she said, as some were put in those TAPs. Then, after the amendment to the 1945 Constitution, the Constitutional Court was founded.

As the judicial institution that guards the Constitution and the state ideology, the Constitutional Court received direct mandate from the Constitution. Article 24C paragraph (1) of the 1945 Constitution stipulates that the Court adjudicates laws against the 1945 Constitution at the first and last level with decisions that are final, decides on authority disputes between state institutions whose authorities are granted by the 1945 Constitution, decides on the dissolution of political parties, decides on disputes over general election results, and decides on the DPR’s (House of Representatives) opinion on an alleged violation of law committed by the president and/or vice president.

Before Uniba Rector Isradi Zainal, Justice Enny encouraged the lecturers and students to continue learning about the Constitutional Court and its history. After the lecture, the students were welcome to ask questions on the Court and its judicial review authority.

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

Translation uploaded on 4/12/2022 15:21 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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