Fajar Laksono Soeroso speaking at the PPKHWN program for GMNI alumni board and members, Tuesday (6/14/2021) virtually. Photo by Humas MK/Panji.
Tuesday, June 14, 2022 | 15:31 WIB
JAKARTA, Public Relations—The second day of the constitution awareness program for citizens (PPHKWN) for the board and members of the Alumni Association of the Indonesian National Student Movement (GMNI) commenced on Tuesday, June 14, 2022. The program was held by the Constitutional Court’s (MK) Pancasila and Constitution Education Center virtually. The Head of the Public Relations and National Affairs Department Fajar Laksono Soeroso, the Law Faculty Dean of the University of Jember Bayu Dwi Anggono, and Judicial Commission member Amzulian Rifai gave presentations at the program.
In the first session, Fajar Laksono Soeroso talked about “The Constitutional Court and the Procedural Law for the Judicial Review Against the 1945 Constitution.” He said the Constitutional Court had long been an interesting topic for discussion and debate.
He said that the state administration became very dynamic after the amendment to the 1945 Constitution, especially after the founding of the Constitutional Court. “It became very dynamic. In the past, constitutional law was a discipline that was not preferred by law students because it tended to be static. However, after the amendment to the Constitution after the Constitutional Court was founded, constitutional law became a very interesting discipline. Right now, the number of enthusiasts is very high,” he said virtually.
Fajar said the review of laws had first occurred in 1803. “Why can a law made by people’s representatives, who are directly elected by the people, be reviewed, even challenged?” he said.
Fajar explained that the history of constitutional review started with a decision in Marbury v. Madison in 1803 by the US Supreme Court led by John Marshall. Even though at that time the US Constitution had not granted the judicial review authority to the Supreme Court, by interpreting the oath of office to always uphold the constitution, John Marshall considered the Supreme Court authorized to declare a law contrary unconstitutional.
“That was the pioneer to the judicial review authority, which today is the authority of the Constitutional Court. Legal observers noted that the milestone of Marbury v. Madison in 1803 in the US marked the review of laws by the court,” he said.
Fajar also explained that the Constitutional Court was first introduced in 1919 by an Austrian legal expert Hans Kelsen (1881-1973). His idea of the judicial review was also in line with a proposal by Muhammad Yamin during a session of the Investigating Committee for Preparatory Works for Independence (BPUPKI). Yamin suggested that the Supreme Court be given the authority to “review laws.” However, Soepomo rejected the proposal for several reasons. First, the basic concept adopted in the Constitution that was being drafted was not of separation of power but of distribution of power. Second, the task of the judge is to apply the law, not to examine the law. Third, the authority of judges to examine laws was deemed contrary to the concept of the supremacy of the People’s Consultative Assembly (MPR). Thus, the idea was not adopted in the 1945 Constitution.
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Constitution and Constitutionalism
Meanwhile, former Constitutional Court Justice of 2009–2014 Harjono delivered a presentation on “The Constitution and Constitutionalism.” He said the Constitution limits state power. “How the constitution is limited is regulated in the system in various countries, there are different ways, and it is not far from its history,” he said virtually.
Harjono said the constitution was a social contract between the giver and recipient of power. “So, [the contract exists] between those who are given power and those who give power. These is a concept of social contracts. This theory can provide a paradigm of a constitution,” he explained.
Harjono also said that a constitution is a product of law and the limitation of power serves to ensure the welfare of the people. He talked about how the constitution is formed and amended as a legal product. He also talked about the content of the constitution and how the constitution determines the limitations of state power.
Harjono said in Indonesia, the Constitution that formed the unitary state of a republic was drafted by the nation’s founders. The 1945 Constitution was first drafted by the BPUPK and discussed again to be ratified as the first constitution by the PPKI (Preparatory Committee for Indonesian Independence) on August 18, 1945. The 1945 Constitution was the agreement of the founders who came from various scientific backgrounds and regions. Thus, the Constitution was born out of a democratic compromise way.
The Law Faculty Dean of the University of Jember Bayu Dwi Anggono also delivered a presentation on “The State Administration System based on the 1945 Constitution of the Republic of Indonesia” while Judicial Commission member Amzulian Rifai talked about “The Guarantee of the Citizens’ Constitutional Rights according to the 1945 Constitution.”
The program was attended by around 372 online participants. It is aimed at improving GMNI cadres’ strategic role in advancing a plural Indonesia through improving the understanding of Pancasila values and awareness of the Constitution and the citizens’ constitutional rights and constitutional efforts in fighting for those rights. The participants received materials regarding Pancasila, the Constitution, the citizens’ constitutional rights, the Constitutional Court, and the procedural law of judicial review from constitutional justices, constitutional law experts, as well as the Court’s substitute registrars, researchers, and IT staff.
Writer : Utami Argawati
Editor : Lulu Anjarsari P.
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 6/15/2021 10:21 WIB
Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian version, the Indonesian version will prevail.
Tuesday, June 14, 2022 | 15:31 WIB 278