Constitutional Justice Wahiduddin Adams giving a lecture for PGRI University of Palembang (UPGRIP), Friday (3/3/2023) at the Aidil Hall of UPGRIP, Palembang. Photo by MKRI/M. Nur.

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Friday, March 3, 2023 | 20:16 WIB

(MKRI) — Although the Constitutional Court of the Republic of Indonesia (MKRI) is approaching its twentieth anniversary as a judicial institution in Indonesia, a significant part of the population is not familiar with it and its authority. The Court is a manifestation of ideas in legal and modern law and administration in the twentieth century. In 2003, Indonesia became the 77th country to establish a constitutional court, said Constitutional Justice Wahiduddin Adams in his public lecture at the PGRI University of Palembang (UPGRIP) on Friday, March 3, 2023 at Aidil Hall. The lecture, entitled “The Constitutional Court in Indonesian’s Administration System,” he introduced the Constitutional Court to the students and faculty members of UPGRIP.

The establishment of the Constitutional Court was compelled by several things, i.e. constitutionalism, the need for checks and balances, and the need for protection of human rights in the Constitution. As one of the executors of judicial power alongside the Supreme Court (MA), the Constitutional Court has the authority to adjudicate laws against the 1945 Constitution at the first and last instance, to settle authority disputes between state institutions (SKLN) 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.

“With the simultaneous 2024 general election drawing closer, I’d like to introduce the Court’s authority in detail in resolving disputes over the results of general election (PHPU) and regional election (pilkada),” Justice Wahiduddin said.

He revealed that in 2024, Indonesia will hold an election that has a new model, where two elections are connected to form a simultaneous one. First, a simultaneous election to choose the president and legislative members, i.e. DPR (House of Representatives), provincial/regency/city DPRD (Regional Legislative Council), and DPD (Regional Representatives Council). Second, a simultaneous election to choose heads of regions. Although both are not done on the same day, they are a unity. The Constitutional Court has been given authority to adjudicate disputes over this election.

He then explained the history of the Court’s jurisdiction over regional election disputes. It started with the enactment of Law No. 22 of 2007 on the Implementation of General Elections, which expanded the scope of election as referred to in Article 22E of the 1945 Constitution. Regional elections were declared a part of the general election regime. Then in 2022, the Court ruled to scrap the idea to form a special judicial body, citing the close proximity to the election and the legislatures’ uncertainty on the formation of the body. Consequently, the resolution of the results over the 2024 election and elections after it is now under the Constitutional Court’s purview. Therefore, the Constitutional Court has an important role as an instrument of democracy that the people need to protect their constitutional rights.

“Therefore, the Court give all the people the widest opportunity to optimally use the Constitutional Court in the administration system by improving the process into a modern, swift, simple, and free one; through short processing time and a simple procedure to file a petition,” he concluded.

Author       : Sri Pujianti
Editor        : Lulu Anjarsari P.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 3/15/2023 11:59 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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