The Court welcoming students of Yogyakarta Muhammadiyah University, Monday (1/16/2022). Photo by MKRI/Panji.

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Monday, January 16, 2023 | 16:15 WIB

JAKARTA (MKRI) — The Constitutional Court (MK), represented by Reza Winata, an expert assistant to constitutional justice, welcomed students of Yogyakarta Muhammadiyah University (UMY) on Monday, January 16, 2023 at the delegation room.

In his presentation, Reza explained the Constitutional Court’s authorities and functions. Based on Article 24C of the 1945 Constitution, it has four authorities and one obligation. Any citizen who feels that his/her constitutional rights have been violated due to the enactment of a law can petition them to the Constitutional Court.

He further explained that a law is the result of months of discussions among members of the House of Representatives (DPR) and with the president, assisted by ministers. However, it can be declared unconstitutional by the Constitutional Court at the request of a citizen.

The other authorities of the Court are deciding disputes between state institutions over authority that is granted by the 1945 Constitution, deciding the dissolution of political parties, deciding disputes over the results of general and regional elections.

In addition, Article 24C paragraph (2) of the 1945 Constitution stipulates that the Court has the obligation to render a decision on the opinion of the House on alleged violations by the president and/or vice president according to the Constitution. Reza explained that impeaching the president and/or vice president would be very difficult. Before filing a petition to the Court, the House must convene with a quorum of ⅔ of all members and the approval of ⅔ members in attendance. The Court will then assess the House’s opinion. If it declares that a violation has occurred, the People’s Consultative Assembly will decide in accordance with statutory legislation. Reza reiterated that the Court can only adjudicate if a petition is filed. 

Reza also explained that the Court, as the guardian of the Constitution, must ensure that the whole administration process is in line with the Constitution. As such, state development towards a prosperous country must be based on legal provisions.

“Within that framework, the Constitutional Court’s role is to oversee the development to realize a prosperous country in line with constitutional norms on which the state is based on. However, in the event that part of the process is not in line with constitutional norms, the Court can rectify it through its authority in accordance with the constitutional mandate,” he said.

He also emphasized that in carrying out its functions and duties, the Court always tries to give its best to produce quality decisions. Students can play their role and participate in a judicial review petition.

“Even though my friends are students, they have a strategic role and can participate in judicial review of laws,” he said. 

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

Translation uploaded on 1/19/2023 15:06 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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