Constitutional Justice Wahiduddin Adams delivering a public lecture at the seminar room of the Law Faculty of IBA University, Palembang, Saturday (6/25/2021) virtually. Photo by Humas MK.

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Saturday, June 25, 2022 | 19:29 WIB

JAKARTA, Public Relations—Constitutional Justice Wahiduddin Adams delivered a public lecture on “The Constitutional Court within the Administration System” at a series of lectures on “The Constitution’s Position in the State” at the seminar room of the Law Faculty of IBA University (FH UIBA), Palembang, South Sumatera on Saturday morning, June 25, 2022. The justice attended the lecture in person alongside the Head of the Public Relations and National Affairs Department Fajar Laksono. The lecture was collaboration between the Court and FH IBA.

Justice Wahiduddin said that before the amendment, Article 1 paragraph (2) of the 1945 Constitution stipulates that the sovereignty had been in the hands of the people and exercised by the People’s Consultative Assembly (MPR). After the amendment, though, it is exercised in accordance with the Constitution.

He explained that after the amendment, state institutions were no longer divided into highest and high ones as their positions are determined by the functions and authorities granted by the 1945 Constitution.

“State institutions perform checks and balances on one another,” he said before UIBA Rector Tarech Rasyid, Law Faculty Dean Erniwati, and students who participated online and onsite.

He also stated that the judicial review had increasingly been seen as a necessity, although was fulfilled only after the Reform, specifically after the four-stage constitutional amendment. In the third-stage amendment, Article 24C was formed. It regulates the Constitutional Court. In order to follow up on the mandate, the government and the House of Representatives (DPR) discussed the Constitutional Court bill.

Justice Wahiduddin also explained the Court’s authorities: to adjudicate laws against the 1945 Constitution at the first and last level with decisions that are final, to decide on authority disputes between state institutions whose authorities are granted by the 1945 Constitution, to decide on the dissolution of political parties, and to decide on disputes over general election results. It is also obligated to decide on the House’s opinion on an alleged violation of law committed by the president and/or vice president based on the Constitution. It also has additional authority to rule on regional head (governor, regent, mayor) election disputes until a special body is established to take over.

He added that in Decision No. 97/PUU-XI/2013, the Court declared itself authorized to settle disputes over regional elections before any law that regulated it was passed. In order to avoid doubt, legal uncertainty, and vacuum of institution authorized to settle disputes over regional head elections as there has been no law regulating this matter, the settlement of such disputes remains the authority of the Constitutional Court. In addition, pursuant to Article 157 paragraph (3) of Law No. 10 of 2016, “Cases of dispute over the final vote acquisition results of the election of Governors, Regents, and Mayors are examined and tried by the Constitutional Court until the establishment of a special judicial body.” 

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

Translation uploaded on 6/27/2022 15:00 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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