Chief Justice Anwar Usman speaking about the Constitutional Court’s procedural law at the Special Education of Professional Advocate at Widyagama University of Malang, Saturday (7/23/2022). Photo by Humas MK/Ilham W. M.

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Sunday, July 24, 2022 | 04:46 WIB

JAKARTA, Public Relations—Chief Justice of the Constitutional Court (MK) Anwar Usman spoke at the Special Education of Professional Advocate (PKPA) Batch XIII, which was organized by the Court in collaboration with the Law Faculty of Widyagama University of Malang and the national executive board of the Association of Indonesian Advocates (DPN Peradi) on Saturday, July 23, 2022. The chief justice was present alongside researcher Nalom Kurniawan onsite to talk about the authorities and procedural laws of the Constitutional Court.

He explained that the Court’s authorities are regulated in Article 24C paragraph (1) of the 1945 Constitution and Article 10 paragraphs (1) and (2) of Law No. 24 of 2003 as amended by Law No. 8 of 2011 on the Constitutional Court. “The Court has the authority at the first and last instance with decisions that are final to adjudicate laws against the 1945 Constitution, to settle authority disputes between state institutions whose authorities are granted by the Constitution, to decide the dissolution of political parties, and to settle disputes over general election results,” he said.

He added that the Court’s obligation pursuant to Article 24C paragraphs (1) and (2) of the 1945 Constitution is to decide based on the 1945 Constitution the House’s opinion on an alleged violation of law committed by the president and/or vice president.

Overtime, he said, the Court was granted an additional authority based on Article 157 paragraph (3) of Law No. 10 of 2016 on Regional Head Election to settle regional elections until a special judicial body is formed.

Justice Anwar also briefly talked about the procedural laws of the Constitutional Court. Anyone, he said, can file a material and/or formal judicial review petition to the Court. Material judicial review concerns the content of articles, paragraphs, or part of laws that are deemed in conflict with the 1945 Constitution, while formal judicial review concerns the lawmaking process and other matters outside of material review. “Prospective advocates can litigate in the Constitutional Court by filing a petition,” he said.

He added that the Constitutional Court is the guardian of the Constitution, the final interpreter of the Constitution, the guardian of democracy, protector of citizens’ constitutional rights, and the protector of human rights.

Writer        : Utami Argawati
Editor        : Lulu Anjarsari P.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 7/28/2022 13:31 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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