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JAKARTA (MKRI) — Twenty-nine Australian students visited the Constitutional Court (MK) on Thursday, January 5, 2023 as part of a program by the Australian Consortium for 'In-Country' Indonesian Studies (ACICIS). They were welcome by the head of the International Affairs Division Immanuel Bungkulan Binsar Hutasoit and expert assistant to constitutional justice Pan Mohamad Faiz at the Delegation Room.

Faiz delivered a presentation on “The Role and Functions of the Constitutional Court of Indonesia.” He started by introducing the history of the Constitution in Indonesia, from the independence to the amendments to the Constitution in the 1999-2002.

Next, he talked about the Constitutional Court, which was formed in 2003, as a judicial institution after the Supreme Court. Based on the amended 1945 Constitution, it has the authority to review laws against the Constitution, decide disputes over the authority of state institutions whose authorities are granted by the Constitution, decide the dissolution of political parties, and decide disputes over the results of general and regional elections. In addition, it is obligated to render decision on the opinion of the House of Representatives (DPR) on alleged violations by the president and/or vice president according to the Constitution.

“The Constitutional Court has the authority to settle general and local election dispute cases, where political parties in Indonesia are competing with each other. So, in the event that the general and regional elections are faced with disputes over voting results, the Constitutional Court plays its role,” he said.

Faiz then introduce the Constitutional Court further to the students. He revealed that nine justices sit in the Constitutional Court. The president, the House, and the Supreme Court nominate three constitutional justices each. He also explained who can file a petition to the Constitutional Court: individual citizens, customary law communities, private and public legal entities, as well as state institutions.

“All of the petitions that have been lodged to the Constitutional Court can be accessed on its website. There have been phenomenal cases, such as one on national education where the Court decided that 20% of the state budget was to be allocated for education, one on human rights where adherents of indigenous beliefs could have their beliefs recorded on the resident identity card, which until then had only show government-sanctioned religions,” he explained.

The presentation was followed by a Q&A session. A student asked about the Court’s response to pressure from the public and the media, to which Faiz answered that all public aspirations are channeled through appropriate avenues. Another student asked about the Indonesian perspective of the living tree doctrine. Faiz answered that the Indonesian Constitution does not expressly provide solutions to the ever-developing issues of the people. Therefore, interpretation by the constitutional justices is needed so the Constitution is interpreted along with the people’s changing needs.

ACICIS was established in 1994, by Professor David Hill AM, to overcome the substantial academic, bureaucratic, and immigration impediments that had prevented Australian students from undertaking credited semester study at Indonesian universities. It has partnered with 10 Indonesian Universities to offer 17 programs, differing in both length and discipline. ACICIS internationalizes the student’s educational experience by taking part in a challenging, academically tailored study-abroad program. 

Writer        : Sri Pujianti
Editor        : Nur R.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 1/5/2023 15:17 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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