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Friday, November 25, 2022 | 21:51 WIB

MKRI – Constitutional Justice Wahiduddin Adams delivered a presentation at a legal seminar on “The Contradiction between the Constitutional Court Decisions and the Compilation of Indonesian Law” as part of the Justice Festival of the Faculty of Sharia and Law Studies of the Sayyid Ali Rahmatullah State Islamic University of Tulungagung on Friday, November 25, 2022.

Delivering his presentation on site, he said that the Constitutional Court is an important element in ensuring that the 1945 Constitution is really upheld in government and the life of the nation. The function places the Constitutional Court in a critical position as an intermediary between the government and the Islam faith.

“The 1945 Constitution has both Pancasila and the state ideology, which requires the state’s presence in the state and the provisions that guarantee religious freedom for the citizens, as referred to in Article 28E paragraph (1), Article 29 paragraph (2), and Article 28I paragraph (1) of the 1945 Constitution. From 2003 to 2022, there have been 20 judicial review decisions on the Islamic law,” he said.

He said, as a source of national law, the Islamic law is in line with Pancasila especially the first precept (belief in One Supreme God) and Article 29 of the 1945 Constitution. He explained that the legislation has religious law contents, especially Islamic law, in all fields of law, such as economic law, Islamic criminal law (jinayah) in Aceh, Law No. 1 of 1974 on Marriage, Law No. 7 of 1989 on Religious Court, Law No. 38 of 1999 on the Management of Zakat, and so on.

He added that justice seekers not only settle their issues in courts under the Supreme Court, but also through the Constitutional Court via judicial review. This is reflected in the Constitutional Court Decisions No. 143/PUU-VII/2009 on Law No. 19 of 2018 on Sovereign Sharia Securities, No. 93/PUU-X/2012 on Law No. 21 of 2008 on Sharia Banking, No. 86/PUU-X/2012 on Law No. 23 of 2011 on the Management of Zakat, No. 19/PUU-VI/2008 on Law No. 7 of 1989 in conjunction with Law No. 3 of 2006 on Religious Court, and No. 46/PUU-VIII/2010, No. 69/PUU-XIII/2015, dan No. 22/PUU-XV/2017 on Law No. 1 of 1974 on Marriage.

“This fact shows that the Constitutional Court has been given the authority to guard the Constitution, among other things, through reviewing laws that play a role in determining the dynamics of the development of Islamic law in Indonesia. In Indonesian, The Constitutional Court has been an important element in ensuring that the 1945 Constitution of the Republic of Indonesia as the constitution is truly upheld in the administration of national and state life,” he said.

The Constitutional Court, he said, ensures that the legislation created by the legislatures are in line with the Constitution. It is the first and only judicial institution to have such an authority in Indonesia.

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

Translation uploaded on 11/28/2022 14:50 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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