Chief Justice Anwar Usman delivering a public lecture at the Law Faculty of Al-Azhar Islamic University, Saturday (11/26/2022) in Mataram, West Nusa Tenggara. Photo by MKRI/Hendy.

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Saturday, November 26, 2022 | 15:17 WIB

(MKRI) — Chief Justice Anwar Usman delivering a presentation at a public lecture at the Law Faculty of Al-Azhar Islamic University (FH Unizar) on Saturday, November 26, 2022 at the theater building of Al-Azhar Islamic University, Mataram, West Nusa Tenggara.

He talked about the Constitutional Court’s authorities and obligation. “The Constitutional Court has authorities as 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,” he said.

The authorities are reviewing laws against the 1945 Constitution, settling authority disputes between state institutions whose authorities were granted by the 1945 Constitution, deciding the dissolution of political parties, and settling disputes over general election results.

Following Article 24C paragraph (2) of the 1945 Constitution, the Court is obligated to decide the House’s opinion on an alleged violation of law committed by the president and/or vice president based on the 1945 Constitution.

Chief Justice Anwar also explained the Court’s authority to settle disputes over regional election results, which is based on Article 157 paragraph (3) of Law No. 10 of 2016 (Pilkada Law) and the Constitutional Court Decision No. 85/PUU-XX/2022. In its legal considerations, the Court asserted that regional elections are part of general elections. Therefore, disputes over their results can be settled by the Constitutional Court, while the special judicial body for regional elections do not have any constitutional basis.

He also briefly talked about the Court’s procedural law. Anyone, he said, can file a judicial review petition to the Court, be it formally or materially. Material judicial review concerns the content of articles, paragraphs, or part of laws that are deemed in conflict with the 1945 Constitution. Meanwhile, formal judicial review concerns the lawmaking process and matters outside of the material review. 

Writer        : Utami Argawati
Editor        : Nur R.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 11/29/2022 10:34 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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