Seventeen students of the North Sumatera Muhammadiyah University (UMSU) welcomed by expert assistant Ananthia Ayu Devitasari, Monday (1/30/2023). Photo by MKRI/Panji.
Monday, January 30, 2023 | 17:49 WIB
JAKARTA (MKRI) — A group of 17 students from the University of Muhammadiyah Sumatera Utara (UMSU) visited the Constitutional Court (MK) on Monday (30/1/2023). Expert Assistant Ananthia Ayu Devitasari received the students and presented a lecture titled "The Constitutional Court in Indonesia's Constitutional System".
Ayu enlighted the students to understand the history of the formation of the MK. Ayu said that in the early days of Indonesian independence, the concept of a special body that could test the legality of laws produced by lawmakers was proposed by M. Yamin. However, this idea was rejected because Indonesia at that time adhered to a separation of powers. Then, the judges' task was to apply the law, not to test it. In addition, the judges' authority to review the legality of laws was contrary to the concept of the supremacy of the People's Consultative Assembly (MPR).
In front of the Dean of the Faculty of Law, Faisal, who was also present with the students in Building 1 of the Constitutional Court, Ayu continued her presentation that as time and governance progressed, the demand for this special institution resurfaced during the reform era with demands for amendments to the 1945 Constitution. Thus, these demands were realized in the third amendment to the 1945 Constitution which was passed on November 9, 2001, with the mandate for the establishment of the Constitutional Court on August 13, 2003, whose authority is enshrined in Article 24C of the 1945 Constitution. Ayu then discussed the various state institutions under the amended 1945 Constitution, with the Constitutional Court being one of the new institutions.
Based on Article 24C, paragraph (1) of the 1945 Constitution, Ayu explained that the Constitutional Court has the authority to adjudicate at the first and final level with its decision being final to review laws against the 1945 Constitution; settle disputes over the authority of state institutions given by the Constitution; decide on the dissolution of political parties; decide on disputes over election results; and provide a decision on the opinion of the House of Representatives regarding allegations of violations by the President and/or Vice President according to the Constitution. In addition to its original role, post-decision 85/PUU-XX/2022, which annulled Article 157 paragraph (3) of Law No. 10 of 2016, the Constitutional Court is now authorized to examine and decide disputes over the election of Governors, Regents, and Mayors. In other words, the Constitutional Court has the authority to adjudicate on election disputes.
During the discussion, several students were interested in discussing the legal formal review criteria. Unlike material testing, which examines and evaluates the constitutionality of the substance of norms in legislation, formal testing examines the process of legislation. Ayu then explained that for formal testing, the testing criteria used are the 1945 Constitution relating to the process of legislation and legislation that regulates the mechanism or formal procedure. Legislation related to the formation of legislation is a delegation of authority according to the constitution, so the legislation can be used or considered as a benchmark or testing criteria in formal testing.
Furthermore, Dean Faisal asking about the legal standing of members of parliament and political parties in reviewing the laws. Ayu then explained that in the Constitutional Court's decision, legal standing of members of parliament and political parties can be given if they are parties that directly and specifically experience constitutional harm. In addition, the legal standing given to members of parliament in their position as citizens when they personally experience constitutional harm not directly related to their position. This legal standing can be understood by considering that the position of a member of parliament does not eliminate an individual's constitutional rights as a citizen who can challenge laws before the court.
Writer : Sri Pujianti
Editor : Nur R.
Translator : Azzahra Salsabilla/Sherly Octaviana Sari (NL)
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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