Students of Pancasila University and the University of Malaya visiting the Constitutional Court, Wednesday (3/1/2023). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — Thirty-five students of students of Pancasila University and the University of Malaya visited the Constitutional Court (MK) on Wednesday, March 1, 2023. They were welcomed by expert assistant to constitutional justice Luthfi Widagdo Eddyono at the Court’s main hall.

In his presentation on “The Constitutional Court and the State Administration,” Luthfi said Article 24 of the 1945 Constitution detailed the executors of judicial power in Indonesia. Before the amendment to the Constitution, the power was executed by the Supreme Court and other courts according to statutory legislation. The structure and power of the judiciary is regulated through laws.

After the amendment, he added, the judiciary became an independent power that executes the justice system to enforce law and justice. The judicial power is executed by the Supreme Court and judicial bodies thereunder within a general judicature, religious court, military court, state administration court, and by a Constitutional Court and other institutions whose functions correlate to the judiciary as stipulated in statutory legislation.

Luthfi further explained that based on Article 24C paragraphs (1) and (2) of the 1945 Constitution, 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 according to the Constitution.

History of Judicial Review

Judicial review, Luthfi said, is the mechanism to review whether a law is constitutional or not. It was first done by U.S. Supreme Court Justice John Marshall in William Marbury vs James Madison.

Marshall declared that despite no provisions had granted him the authority to review laws against the Constitution, he was bound by his oath as a supreme justice to enforce the Constitution. The event was a milestone in the history of judicial review.

He added that judicial review was first proposed by Austrian jurist Hans Kelsen, who believed the need for a special court (a constitutional court) who had the authority to carry out judicial review of laws. Its important role, Luthfi said, is to ensure that legislation is in line with the Constitution.

“For the implementation of the Constitution as the supreme law to be ensured, there must be an organ that reviews whether legislative pieces are in line with the Constitution or not,” he said.

He also talked about M. Yamin’s proposal of the inclusion of judicial review in the Indonesian legal system. The proposal was rejected by Soepomo. However, after the amendment to the Constitution during the 1998 Reform, the proposal for judicial review of laws against the Constitution was approved. It was to be carried out by an independent judicial institution, a constitutional court.

Aside from the Court’s history, Luthfi also talked about its efforts to exercise its authority. He explained the Court’s vision and mission. The vision is the enactment of the Constitution in order to realize ideals of the law-based state and democracy for dignified life of the nation and state.

He also stressed that the Court’s decisions are final and binding, following Article 24C paragraph (1) of the 1945 Constitution. This means that no legal avenue is available after its decisions are pronounced, unlike the case with general courts, where appeals are possible.

After the presentation, the students were taken on a tour to the Constitution History Center on the fifth and sixth floors of the Court’s main building.

Author       : Utami Argawati
Editor        : Nur R.
Translator  : Yuniar Widiastuti (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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