Deputy Chief Justice Aswanto delivering a keynote speech at Universitas Pelita Harapan Festival 2022 by UPH Medan, Saturday (8/27/2022). Photo by MKRI/Rumaisha.
Saturday, August 27, 2022 | 19:35 WIB
JAKARTA (MKRI) — Deputy Chief Justice of the Constitutional Court Aswanto delivered a keynote speech at the Universitas Pelita Harapan Festival 2022, which was organized by Universitas Pelita Harapan (UPH) Medan on Saturday, August 27, 2022. He explained that according to K.C. Wheare, an Australian academic and expert on the constitutions of the British Commonwealth, the Constitution is “the whole system of government of the country the collection of the rules that establish and regulate or govern the government.”
He added that C. F. Strong defined it as “a collection of principles according to which the powers of the government, the rights of the government, and relation between the two are adjusted.”
Constitution of Indonesia
Deputy Chief Justice Aswanto further explained that the founders of the Unitary State of the Republic of Indonesia (NKRI) had agreed to draw up a Basic Law as a written constitution, with all its meanings and functions. The day after the Proclamation of Independence of the Republic of Indonesia on August 17, 1945, the Constitution of Indonesia was ratified on August 18, 1945 by the Preparatory Committee for Indonesian Independence (PPKI) in a text called the Constitution of the Republic of Indonesia.
“In its journey, the 1945 Constitution [was evaluated] since many things were not covered at that time, including human rights,” he said.
He then talked about the Constitution prior to the Reform. The original 1945 Constitution was in force on August 18, 1945-December 27, 1949. Next, the Constitution of Republic of the United States of Indonesia (RIS), which still had room for improvement, including the state goals, how to achieve them, and who is responsible for it. Then the legislative, executive, and judiciary whose task was to realize the state goals were formed.
Then since August 17, 1950, the 1950 Constitution was in force until July 5, 1959, when it was replaced by the 1945 Constitution.
Deputy Chief Justice Aswanto revealed that the amendment to the 1945 Constitution was carried out in stages and one of the agenda for the MPR (People’s Consultative Assembly) sessions from 1999 to 2002. The first amendment was ratified at the MPR General Session in 1999, with a direction to limit the powers of the president and strengthen the position of the House of Representatives (DPR) as a legislative body.
The second amendment, ratified at the MPR Annual Session in 2000, resulting in the formulation of amended articles covering issues of state territory and the division of regional administrations, perfecting the first amendment in terms of strengthening the position of the House, and detailed provisions on human rights.
The third amendment was ratified at the MPR Annual Session in 2001, where articles on the basic principles of statehood, state institutions and relations between state institutions, as well as general elections were changed and/or added.
The fourth amendment, ratified at the MPR Annual Session in 2002, includes provisions on state institutions and relations between state institutions, the abolition of the Supreme Advisory Council (DPA), education and culture, economy and social welfare, and transitional rules and additional rules.
Constitutional Court’s Vision and Mission
The Constitutional Court’s vision, the deputy chief justice explained, is to uphold the Constitution through a modern and reliable judiciary while its mission is to strengthen the integrity of the Constitutional Court, improve the awareness of citizens and state administrators of the Constitution, and improve the quality of decisions.
The Constitutional Court of the Republic of Indonesia (MKRI) was officially formed on August 13, 2003 since there were many problematic laws without any constitutional review mechanism; an institution was needed to resolve the political impeachment of the president; conflicts often occurred between state institutions or government institutions, which could only resolved by the president; there was no clear forum for the resolution of election results disputes; and because there was no clear mechanism to dissolve political parties through the Supreme Court.
Article 24C paragraph (1) of the 1945 Constitution stipulates that the Constitutional Court has the authority to adjudicate laws against the 1945 Constitution at the first and last instance with decisions that are final, to settle authority disputes between state institutions whose authorities are granted by the 1945 Constitution, to decide the dissolution of political parties, and to settle disputes over general election results. It is also obligated to decide the House’s opinion on an alleged violation of law committed by the president and/or vice president according to the 1945 Constitution.
Deputy Chief Justice Aswanto also explained that the Constitutional Court also serves as the guardian of the Constitution, the guardian of Pancasila ideology, the guardian of democracy, the guardian of human rights, and the final interpreter of the Constitution.
Writer : Nano Tresna Arfana
Editor : Nur R.
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 11/23/2022 15:19 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.
Saturday, August 27, 2022 | 19:35 WIB 111