BOGOR (MKRI) — The constitution awareness program for the citizens (PPHKWN) for fifteen prospective civil servants (CPNS) of the Registrar’s Office and the Secretariat-General of the Constitutional Court (MK) was closed by the Head of the Program and Implementation Department of the Pancasila and Constitution Education Center (Pusdik), Nanang Subekti, on Tuesday, March 21, 2023 at Pusdik, Cisarua, Bogor, West Java Province.
In his closing remarks, Nanang admitted that there had not been enough time for all materials at the program. However, they can provide the CPNSs some basics for their work in the Constitutional Court. By understanding the Court’s overall functions, they would be able to provide optimum services to the constitutional justices and justice seekers. Nanang also urged the CPNSs to follow the development of cases that the Court was examining or already ruled.
Constitutional Court’s Formation
Earlier in the day, in the fourth session, the participants had listened to a presentation by expert assistant to Constitutional Justice Enny Nurbaningsih, Lutfi Chakim. He said that the idea to form a constitutional court had emerged in the early days of the independence. When the founders were drafting the 1945 Constitution, Mohamad Yamin proposed that a Supreme Court be formed with the authority to review laws against the Constitution. The proposal was rejected on the ground that Indonesia did not have enough legal scholars and did not adhere to trias politica.
Then, in the 1970s, Chakim explained, the idea was proposed again by the Association of Indonesian Legal Scholars. In the 1990s, the idea of judicial review of laws against the 1945 Constitution resurfaced. It was proposed that the People’s Consultative Assembly (MPR) be authorized to do it. It fell through due to the Reform movement in 1998. However, it was one of the demands of the Reform movement. Finally, after the third amendment of the 1945 Constitution, the Constitutional Court was formed.
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Constitutional Court’s Authority
The Constitutional Court’s main authority is reviewing laws against the Constitution, followed by settling authority disputes between state institutions whose authorities are granted by the Constitution, deciding the disbandment of political parties, and settling disputes over general election results.
The Court ruled that general election be held simultaneously. The deadline for the resolution of disputes over election results is already set.
The Court also received a mandate from the 1945 Constitution to decide the House’s opinion on an alleged violation of law committed by the president and/or vice president pursuant to the 1945 Constitution. It also has an additional authority to rule disputes over regional election results.
Based on those functions and authority, the Court serves as the guardian and final interpreter of the Constitution, the guardian of democracy, the protector of the citizens’ constitutional rights, and the protector of human rights.
Constitutional Court’s Procedural Laws
Chakim then explained that the Court’s procedural laws are regulation in general in the 1945 Constitution, then in the Constitutional Court Law, and more technically in Constitutional Court regulations (PMKs).
He also explained that laws can be reviewed materially and/or formally. Material judicial review concerns the content of articles, paragraphs, or even words of laws. Meanwhile, formal judicial review concerns the lawmaking process. “The current trend is that many people file a formal judicial review petition because the public feels that much of the discussion and formation of laws are not appropriate and do not involve the public,” he explained.
Who can be petitioners in the Constitutional Court? They must be Indonesian citizens. Foreign nationals, Chakim emphasized, cannot file a petition. This is different from the practice in some other countries, such as those in the Europe Union, where citizens of other EU nations can do so. Customary law communities that live according to the principles of the Unitary State of the Republic of Indonesia, private and public legal entities, as well as state institutions can also file a petition to the Constitutional Court.
Chakim also explained how to draft a petition. In a judicial review case, a petitioner must be able to point out their factual or potential constitutional impairment, which according to logical reasoning is inevitable.
Author : Ilham W. M.
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.