Constitutional Court welcoming undergraduate, graduate, and doctoral law students of As-Syafiiyah Islamic University of Jakarta, Tuesday (3/7/2022). Photo by MKRI/Ilham W. M.
JAKARTA (MKRI) — Expert assistant to constitutional justice Muhammad Reza Winata welcomed As-Syafiiyah Islamic University of Jakarta at the main hall on Tuesday, March 7, 2023. He gave a presentation on “The Constitutional Court Moves Toward Modern, Trusted Judiciary.” He began by explaining the history of the judicial review of laws and the world constitutional jurisdiction, which started in the Supreme Court of United States of America in 1796.
“During the third amendment to the 1945 Constitution, Article 24C was formulated, which contains provisions on the Constitutional Court. To follow up on the constitutional mandate, the Government and the House of Representatives discussed a bill on the Constitutional Court. After some discussions, the bill was approved by the Government and the House and was promulgated at the House’s plenary session on August 13, 2003 because of the importance of protecting and controlling the constitutional rights of citizens. Thus, the Constitutional Court was born,” he explained.
He also explained the Court’s 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, to settle disputes over general election results, and lastly, to settle disputes over regional election results (election of governors, regents, and mayors).
Constitutional Court’s Procedural Laws
Reza explained a principle of the Court’s procedural laws, ius curia novit, which means that it cannot refuse to examine, adjudicate, and rule cases. He also said that the Court strives to facilitate remote hearings in order to make them accessible to the public, so that the justices can be more objective.
“(The principle) of judicial institution’s independence means that judicial institutions cannot be intervened by any other institution or interest, must be swift, simple, and economical. These principles allow the Court to be accessed by all elements of society,” he added.
Reza explained that judicial review petitions can be reviewed materially, where the substance of the norms are examined, or formally, where the lawmaking process is. “In ruling, the constitutional justices have the freedom to choose the method of interpretation. They can use one method or more,” he said.
Reza then explained the Court’s use of technology to facilitate online petition filing on the Court’s website and offline by coming in person. “The cases and the Court’s decisions can also be access on the website. The hearings can also be done remotely if there is an issue of distance or cost,” he added.
The presentation was followed by a Q&A session, which the students welcomed with enthusiasm. Then, the students were taken to tour the Court’s Constitution History Center (Puskon) on the fifth and sixth floors.
Author : Ammar Soaloon Rambe
Editor : Lulu Anjarsari P.
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.