Constitutional Justices Enny Nurbaningsih and Wahiduddin Adams giving public lectures at the Law Faculty of Widya Mataram University, Yogyakarta, Friday (5/27/2022). Photo by Humas MK/Yuwandi.

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Saturday, May 28, 2022 | 07:06 WIB

YOGYAKARTA, Public Relations—Constitutional Justices Enny Nurbaningsih and Wahiduddin Adams gave a public lecture on “The Constitutional Court’s Landmark Decisions” on Friday, May 27, 2022. The event was collaboration between the Constitutional Court (MK) and the Law Faculty of Widya Mataram University (FH UWM) of Yogyakarta.

Justice Enny started her lecture with a brief introduction to the Constitutional Court. She revealed that a debate about the institution’s founding had emerged in the early days of the independence, when the constitution was formed. “There needed to be an institution with the function to compare laws,” said Enny.

She then explained the Court’s authorities pursuant to Article 24C paragraph (1) of the 1945 Constitution: to adjudicate at the first and last levels with decisions that are final to review laws against the Constitution, to decide on disputes over the authority of state institutions whose authorities are granted by the Constitution, to decide on the dissolution of political parties, and to decide on disputes about the results of general elections.

Meanwhile, based on Article 24C paragraph (2) of the 1945 Constitution, the Court is obliged to give a decision on the opinion of the House of Representatives (DPR) on alleged violations by the president and/or vice president according to the Constitution. Meanwhile, based on Article 157 paragraph (3) of Law No. 10 of 2016, disputes over the results of regional head elections are adjudicated by the Constitutional Court until a special judicial body is formed. 

Landmark Decisions

Justice Enny talked about four of the Court’s landmark judicial review decisions. First, child protection related to the age limit for marriage (Decision No. 22/PUU-XV/2017). Second, religious freedom for adherents of indigenous beliefs (Decision No. 97/PUU-XIV/2016). Third, the right to education related to 20% education budget. Fourth, the execution of fiduciary guarantee (Decision No. 18/PUU-XVII/2019).

She also talked about landmark decisions on disputes over the results of regional head elections. First, regarding the citizenship requirement for candidates for regional heads in the Sabu Raijua Regency election in 2020. Second, the grace period for former convicts to take part in the regional elections, with regard to Boven Digoel Regency election in 2020.

Meanwhile, Constitutional Justice Wahiduddin Adams emphasized that the duties of the constitutional justices were completed when a case filed to the Court had been decided. As such, they cannot comment on their decisions. “Let justice seekers or academics discuss the Constitutional Court’s decisions,” he said.

Justice Wahiduddin further explained the criteria of landmark decisions: contain a new law, provide a constitutional solution, and annul the entirety of a law. In addition, they must have strategic constitutional values that changed the interpretation of the laws. They must also contain constitutional norms. 

Writer       : Utami Argawati
Editor        : Nur R.
Translator : Yuniar Widiastuti (NL)

Translation uploaded on 5/30/2022 14:00 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.

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