The Constitutional Court and the Postgraduate Program of the Law Faculty of the Islamic University of Indonesia (FH UII) holding a public lecture on “The Constitutional Court in the Administration Dynamics,” Friday (5/27/2022). Photo by Humas MK/Ilham W.M.
Friday, May 27, 2022 | 19:42 WIB
YOGYAKARTA, Public Relations—The Constitutional Court (MK) and the Postgraduate Program of the Law Faculty of the Islamic University of Indonesia (FH UII) held a public lecture on “The Constitutional Court in the Administration Dynamics” for postgraduate students of the faculty on Friday, May 27, 2022 at the faculty’s hall in the Integrated Campus of UII, Sleman, Yogyakarta. Constitutional Justices Suhartoyo and Enny Nurbaningsih gave a lecture.
Constitutional Justice Suhartoyo said that much of the Constitutional Court’s jurisdiction had come from one of its decision. “Such as the judicial review of government regulations in lieu of laws because their substance is the same as the law,” he said.
While the constitutional justices had not come to the decision unanimously, he revealed, because it had been decided in the plenary hearing, the decision must be obeyed. He gave another example of the Court’s decision that affected the dynamics of the state administration, that is, the authority in deciding disputes over the results of the regional head election.
“In addition, in disputes over the results of regional head election, previously the Court was limited by the vote margin threshold, then in some of its decisions the Court overruled the provision providing there were structured, systematic, and massive violations because it affected vote margin between the candidate pairs,” he explained.
Integrity and independence act as foundation to the judicial review of laws and the impeachment of the president, Justice Suhartoyo stressed. As such, the marriage of Chief Justice of the Constitutional Court Anwar Usman to the president’s younger sister would not affect them, he said. “On the other hand, we cannot infringe on the personal life of the Chief Justice,” he added.
He also explained that the Court’s decision-making was not only carried out by one justice, but by all nine. In the process, there is always a debate among them.
Constitutional Justice Saldi Isra also revealed that when US Supreme Court Justice John Marshall became chief justice, he was a relative of the president. However, his position in the Supreme Court made him increasingly independent. Justice Saldi, said the marriage of the Chief Justice of the Constitutional Court was part of his privacy.
He then explained that in making a decision, there was always a long discussion between the justices. “Even in judicial review cases on the age limit for marriage, the constitutional justices needed twenty times of deliberation to make a decision,” he said.
He also advised the attending law students not to stop studying the norms in laws and regulations. “From now on, [you] have to start reading court decisions, especially of the Constitutional Court, because many norms have changed due to its decisions,” said the professor of Andalas University.
Moreover, Justice Saldi added, currently the source of law is not only the law, but also court decisions, including those of the Constitutional Court. “Besides that, the Constitutional Court can also change its stance on a norm, and that could happen. The Court’s considerations on why it changes its position must be read by academics,” he explained.
Previously, the Deputy Dean of the Law Faculty of UII for Religious, Student, and Alumni Affairs Muntoha said in his speech said that since the Constitutional Court was established, constitutional law and state administrative law have become more alive. He believed the Court would promote not only textual but also casuistic studies of constitutional law and state administrative law.
Writer : Ilham M.W.
Editor : Lulu Anjarsari P.
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 5/30/2022 11:00 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.
Friday, May 27, 2022 | 19:42 WIB 204