Chief Justice Anwar Usman at a discussion by the Institute of Economic Sciences (STIE) of Bima, West Nusa Tenggara, Saturday (10/8/2021). Photo by Humas MK/Hamdi.

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Tuesday, October 11, 2022 | 09:11 WIB

JAKARTA (MKRI)— Based on Article 24C of the 1945 Constitution, the Constitutional Court (MK) has four authorities and one obligation. Any citizen who feels that their constitutional rights have been violated due to the enactment of a law can petition the law to the Constitutional Court, said Chief Justice Anwar Usman at a discussion by the Institute of Economic Sciences (STIE) of Bima, West Nusa Tenggara on Saturday, October 8, 2022.

The chief justice, who attended in person, said a law results from months of discussion between 575 members of the House of Representatives (DPR) along with the president, assisted by his ministers. However, the Constitutional Court can declare it unconstitutional by the request of a citizen. He further said that the next authority of the Court granted by the 1945 Constitution is to decide the dissolution of political parties.

He added that in the past, there was a political party the president had requested to dissolve. With the amendment to the 1945 Constitution, such an action can only be carried out in the Constitutional Court with a request by the president. The Court also has the authority to decide disputes over the authority of state institutions whose authority is granted by the 1945 Constitution, for example if the president issues a regulation on cassation while it is under the Supreme Court’s jurisdiction.

The fourth authority is to decide disputes over general election results. Article 24C paragraph (2) of the 1945 Constitution also stipulates that the Constitutional Court has an obligation to give a decision on the opinion of the House on an alleged violation by the president and/or vice president according to the Constitution.

Chief Justice Anwar explained that impeaching the president and/or vice president is very difficult. Before the petition is filed to the Constitutional Court, the House must convene and make a quorum of two-thirds of the members. When they declare the president and/or vice president guilty, they file a petition to the Constitutional Court. If the Constitutional Court declare the president and/or vice president to have committed a violation, the People’s Consultative Assembly (MPR) will decide it in accordance with statutory legislation. The chief justice added that the Constitutional Court can only adjudicate a case lodged to it.

He also explained that the Court also has an additional authority granted by Article 157 paragraph (3) of Law No. 10 of 2016 on the Regional Election. The Constitutional Court is tasked with settling regional election disputes until a special judicial body is formed.

He also emphasized that the Constitutional Court, as the guardian of the basic norms of the state, has a role to keep the entire state process in line with the Constitution, including to create a prosperous state. Development must be based on the legal provisions.

“In that context, the role of the Constitutional Court is to oversee the development to create a prosperous state in line with constitutional norms that are the basic rules of the state. However, if there is a process that is not in line with constitutional norms, the Constitutional Court can straighten it out through the authorities it has in accordance with the constitutional mandate,” he stressed.

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

Translation uploaded on 10/24/2022 16:15 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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