Deputy Chief Justice Aswanto speaking at a public lecture by the Law Faculty of Slamet Riyadi University of Surakarta, Central Java, Wednesday (5/25/2022). Photo by Humas MK/Hamdi.

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Wednesday, May 25, 2022 | 16:34 WIB

SURAKARTA, Public Relations—Deputy Chief Justice of the Constitutional Court (MK) Aswanto gave a lecture on “The Constitutional Court and Democracy in Indonesia” at the Law Faculty of Slamet Riyadi University of Surakarta, Central Java on Wednesday, May 25, 2022. He said that Indonesia is a law-based state that upholds the rule of law.

“Among scholars in countries that uphold the rule of law, there are two principles of the rule of law. First, the rule of law, which is common in Anglo Saxon countries with a common law system. Second, rechtsstaat, which is very popular in Continental European countries with a civil law system,” he explained.

He also revealed the background of the establishment of the Constitutional Court (MK) in Indonesia. First is the fact that there were many problematic laws but there had been no constitutional review mechanism. Second, the impeachment of the president could be done only based on political reasons. Third, there were often conflicts between state institutions or government agencies, which only the president could resolve.

“Not only that, the Constitutional Court was established because there was no definite forum for resolving general election disputes. In addition, the dissolution of political parties through the Supreme Court used a mechanism that was also ambiguous. Therefore, the Constitutional Court was finally established on August 13, 2003 to be able to overcome these problems,” he said.

The Constitutional Court has four authorities granted by the 1945 Constitution: to adjudicate laws against the 1945 Constitution, to decide on authority disputes between state institutions whose authorities are granted by the Constitution, to decide on the dissolution of political parties, and to decide on disputes over general election results. In addition, it is also obligated to decide on the House’s (DPR) opinion on an alleged violation of law committed by the president and/or vice president according to the Constitution.

“In its development, the Constitutional Court also has the authority to decide on disputes over the results of regional head elections (pilkada) until a judicial body that handles them is founded,” Justice Aswanto said.

In his lecture, the deputy chief justice also mentioned the Constitutional Court’s decisions related to democratic politics, such as those on the presidential threshold.

“As I said earlier about the presidential threshold to the nomination of political parties to be able to take part in the 2024 elections,” he said.

Slamet Riyadi University Rector Sutardi, Deputy Rector I Rispanto, Deputy Rector II Bambang Ali Kusumo, Deputy Rector III Sutoyo attended the lecture. Law Faculty Dean Lusia Indrastuti and the Director of the Postgraduate Program Wibowo Mukti Samadi were also in attendance.

Writer       : Panji Erawan
Editor        : Lulu Anjarsari P.
Translator : Yuniar Widiastuti (NL)

Translation uploaded on 5/30/2022 08:46 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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