One of the Constitutional Court’s expert assistants to constitutional justices, Zaka Firma Aditya, welcoming the Malaysian Bar and the Association of Indonesian Advocates (Peradi), Thursday (2/2/2023). Photo by MKRI/Bayu.

---

Thursday, February 2, 2023 | 16:29 WIB

JAKARTA (MKRI) — The Constitutional Court (MK) welcomed fifty guests from the Malaysian Bar and the Association of Indonesian Advocates (Peradi). Expert assistant to constitutional justice Zaka Firma Aditya welcomed them in the hall of the Court’s main building on Thursday, February 2, 2023.

He explained the Constitutional Court’s position within the Indonesian constitutional system. The Court, he said, is the result of the Reform movement. “The Court is only 20 years old, still young,” he said to the President of the Malaysian Bar, Karen Cheah Yee Lynn, and the other guests.

He then explained the Indonesian people’s journey in their efforts to establish an institution with the authority to review laws against the 1945 Constitution. It started with Moh. Yamin’s proposal for the Supreme Court to have the authority to review laws to the formation of the Constitutional Court in 2003.

After the amendment to the 1945 Constitution, Zaka said, the judiciary became independent authorities that administer justice to uphold law and justice. This power is carried out by a Supreme Court (MA) and judicial bodies under it in the general court system, the religious court system, the military court system, the state administrative court system, and a Constitutional Court.

Based on Article 24C paragraph (1) of the 1945 Constitution, he said, the Constitutional Court has the authority to adjudicate laws against the 1945 Constitution at the first and last instance with decisions that are final, to settle authority disputes between state institutions whose authorities are granted by the 1945 Constitution, to decide the dissolution of political parties, and to settle disputes over general election results. It is also obligated to decide the House’s opinion on an alleged violation of law committed by the president and/or vice president, pursuant to the Constitution.

Then, after Decision No. 85/PUU-XX/2022, which annulled Article 157 paragraph (3) of Law No. 10 of 2016, the Constitutional Court now also has the authority to examine and decide on disputes over the results of the election of governors, regents, and mayors. In other words, the Constitutional Court has the authority to adjudicate disputes over the results of regional head elections (PHPKada).

In addition, Zaka explained about the procedural law of the Constitutional Court. The petitioners and/or the respondent (in election results dispute cases) can be represented by legal counsels. Meanwhile, state institutions as petitioners can be represented by appointed officials or their proxies.

The Constitutional Court uses the term “petition,” not “lawsuit” because there is only one party, namely the petitioner(s). The President/Government, the House of Representatives (DPR), and other state institutions are not respondents, but only informants. In addition, the Constitutional Court’s decisions are erga omnes, in that even though they are petitioned by individuals, but they apply in general and affects the law in Indonesia.

Furthermore, Zaka said that those who can file a petition are individual citizens, customary law communities, private and public legal entities, as well as state institutions. The petition can be filed directly to the Court’s office or online. The petitioners and/or respondent can be accompanied by legal counsels, while public or private legal entities can be accompanied by legal counsels or appoint proxies.

During the preliminary examination, the Constitutional Court (MK) examines according to its procedural law. This includes examining legal standing. During the preliminary hearing, the justices suggested that the petitioners improve their petition. The hearing then proceeds until the final decision is pronounced.

“When a law is considered to be in conflict with the Constitution, the Court can also declare it conditionally constitutional. So, [a petition] can not only be rejected, dismissed, or granted. There are various types of decisions that have developed,” Zaka explained.

During Q&A session, a participant asked whether the Court had handled cases related to sharia law. Zaka explained that the Court handles all cases, not only those related to politics but also cases related to sharia law, such as those relating to sharia banking.

Author       : Utami Argawati
Editor        : Nur R.
Translator  : Berlian Febrina Viaraputri/Yuniar Widiastuti (NL)

Translation uploaded on 2/15/2023 15:44 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.

---