Chief Justice Anwar Usman signing a memorandum of understanding between the Constitutional Court and Pakuan University digitally, Monday (11/7/2022). Photo by MKRI/Ilham W. M.

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Monday, November 7, 2022 | 15:51 WIB

JAKARTA (MKRI) — Chief Justice Anwar Usman delivered a keynote speech at a national seminar on “The Protection of the Citizens Constitutional Rights through Constitutional Court Decisions” at Graha Pakuan Siliwangi of Pakuan University, Bogor, West Java on Monday, November 7, 2022. He explained the Constitutional Court’s authorities.

“The Constitutional Court was given the authority to try cases with decisions that are final, meaning there is no person, no other institution, that can refuse [to implement the Court’s decisions],” he said.

Furthermore, Anwar explained the differences between the Constitutional Court and the Supreme Court (MA). Decisions at the Supreme Court or courts under it—the district court, religious court, and military court—can be appealed to the appellate court.

“Similarly, at the appellate court, a cassation appeal can still be submitted. A Supreme Court decision can also be appealed,” he added.

Chief Justice Anwar Usman said this seminar was important because many citizens and officials, both at the central and regional levels, had not understood what had been determined by the 1945 Constitution, including the Constitutional Court and its decisions.

He further revealed that apart from examining laws against the 1945 Constitution, the Constitutional Court has other authorities: deciding disputes over authority between state institutions whose powers are regulated according to the Constitution, deciding the dissolution of political parties, and resolving disputes over the results of general elections. It is also obligated to decide on the opinion of the House of Representatives (DPR) on allegations of violations by the president and/or vice president according to the 1945 Constitution.

He emphasized that the Constitution not only regulates legal issues but also all aspects of the Indonesian people, including education, which is a constitutional right. “If citizens feel their rights have been violated by a law, the place to complain is the Constitutional Court,” he said. 

Final Interpreter of Constitution

Secretary-General M. Guntur Hamzah, who gave the first presentation in this seminar, explained the Constitutional Court’s function as the guardian of the Constitution based on its authority to protect the Constitution. It also serves as the guardian of democracy, because it has the authority to decide disputes over the results of general elections.

The next function is protecting human rights, because the 1945 Constitution contains the principles of human rights. In addition, the Court is the guardian of the state ideology, because it also upholds Pancasila values ​​enshrined in the Preamble to the 1945 Constitution.

He said that the Constitutional Courts of various parts of the world are also known as the protector of the citizens’ constitutional rights, which fit the theme of the seminar. In this regard, the Constitutional Court of the Republic of Indonesia launched 66 icons of the citizens’ constitutional rights (i-HKWN).

He added that the Constitutional Court is not the only interpreter of the Constitution, because anyone can interpret the Constitution. However, when it has rendered a decision, all institutions and citizens must comply with it. Guntur emphasized that the Constitutional Court is the final interpreter of the Constitution.

Pemilukada vs Pilkada

Next, in his presentation, advocate Heru Widodo explained the Constitutional Court’s authority to adjudicate and decide disputes over the results of pemilukada and pilkada.* According to him, there are differences in the regulations for handling disputes over the results of pemilukada and pilkada. Petition of the former had to be filed within 3x24 hours since the results were announced, while that of the latter within 3 days since the KPU (General Elections Commission) announced the results. He asserted that the change in regulation has reduced the petitioner’s constitutional rights and given them a heavier burden of proof.

Heru explained that initially the Constitutional Court had ruled that the authority to settle disputes over the results of regional elections be temporary, but later on it ruled that the Constitutional Court has the authority to settle disputes over the results of simultaneous regional elections.

Principle of Legality

Alongside moderator Fajar Laksono, the Constitutional Court’s head of the Public Relations and National Affairs Department, professor of legislation and Law Faculty dean of the University of Jember Bayu Dwi Anggono motivated the students to improve their mindset, school of thinking, management skills, and communication.

He highlighted the importance of the Constitutional Court for its authorities that are based on the Constitution. He believes it has a very important authority in protecting the citizens’ constitutional rights and other fundamental matters contained in the 1945 Constitution.

A rule of law must be based on legality, where all government actions must have a valid legal basis. The principle of legality has been recognized in the 1945 Constitution as legal certainty, but there is no clear definition for it. At the end of his presentation, Bayu said that in order for our laws to be good, the procedure and substance must be orderly.

Law lecturer of Pakuan University Andi M. Asrun, as the last speaker, said that the Constitutional Court has handed down many decisions that greatly affected the life of the nation, including that on political restriction against former members of banned organizations, independent regional head candidate pairs, the right of ex-convicts to hold public office, and the right to vote using KTP (resident ID card).

The seminar was part of the signing of a memorandum of understanding and a memorandum of agreement between the Court and Pakuan University. The documents were signed by Secretary-General M. Guntur Hamzah and Pakuan University rector Didik Notosudjono, and witnessed by Chief Justice Anwar Usman.

[*Translator’s edit: Pemilukada and pilkada both refer to the election of regional heads, i.e. regents, mayors, and governors. The part -kada is a shorthand for kepala daerah, literally meaning “head of region.” However, both terms are not mentioned in any piece of legislation. Pemilukada were often used in 2007-2011 due to Law No. 22 of 2007 on the Organizer of General Elections, which included the regional election in the general election group (pemilu). Then, since a Constitutional Court decision ruled that disputes over regional election results be adjudicated by a special judicial body, the term pilkada rose back to prominence and remains popular today.]

Writer        : Ilyam Wiryadi Muhammad
Editor        : Nur R.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 11/23/2022 07:32 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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