Constitutional Justice Daniel Yusmic P. Foekh speaking at the 60th Anniversary of the Indonesian Christian Youth Movement, Saturday (4/23/2022). Photo by Humas MK/Ifa.

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Saturday, April 23, 2022 | 19:25 WIB

JAKARTA, Public Relations—Constitutional Justice Daniel Yusmic P. Foekh spoke at a monthly discussion under the theme “The Role of the Young Generation for a Democratic Modern Indonesia,” organized by the North Sulawesi executive board of the Indonesian Christian Youth Movement (GAMKI) for 2021-2024 on Saturday, April 23, 2022. The event took place at Room C.J. Rantung in the Governor Office Building. In a presentation on “The Constitutional Court’s Role in Realizing a Modern and Democratic Indonesia,” Justice introduced the Constitutional Court’s duties, functions, and authorities in guarding the Constitution and democracy in Indonesia.

Justice Foekh then talked about the history of the judicial power in Indonesia, which in the past was only held by the Supreme Court. After the amendment to the 1945 Constitution, the Constitutional Court also began to exercise independent judicial power to uphold law and justice, pursuant to Article 24 paragraph (2) of the 1945 Constitution. The Constitutional Court, formed on August 13, 2003, has the authority to review laws against the Constitution, decide on disputes over the authority of state institutions, decide on the dissolution of political parties, decide on disputes over the results of the general election, and is obliged to decide on the opinion of the House on alleged violations by the president and/or vice president.

“Through functional checks and balances system, it is not a matter of number for the nine constitutional justices to exercise their authority. However, since the amendment to the 1945 Constitution, the constitutional structure is no longer vertical, so the judicial power, in this case the Constitutional Court, functions to exercise control over the executive and legislative powers. Through this system of checks and balances, the Court can carry out its duties [in opposition to] to the hundreds of legislators that are divided into several factions,” he said.

He also discussed the Constitutional Court’s development in carrying out its duties and authorities in maintaining the Constitution and democracy. He acknowledged that as a rule of law, Indonesia is guided by the basic principles of the state—Pancasila and the 1945 Constitution. As written in the fourth paragraph of the Preamble to the 1945 Constitution, “… formed in a structure of the State of the Republic of Indonesia with people sovereignty based on the One Supreme God, Just and civilized humanity, Indonesian unity and Democracy lead by wisdom in Deliberation/Representation, and by realizing a Social justice to all Indonesian people,” and Article 1 paragraph (2) of the 1945 Constitution, “The sovereignty shall be in the hand of the people and implemented according to the Constitution.” This indicates that historically democracy in Indonesia has gone through several processes, starting from the parliamentary democracy (liberal), guided democracy, and the current Pancasila democratic system.

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

Translation uploaded on 4/27/2022 09:47 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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