Secretary-General Heru Setiawan signing of a memorandum of understanding with the Nusa Lontar Rote University on behalf of the Constitutional Court, Friday (5/26/2023) in Rote Ndao, East Nusa Tenggara. Photo by MKRI/Bayu.

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ROTE NDAO, (MKRI) — The Constitutional Court (MK) signed a memorandum of understanding with the Nusa Lontar Rote University (UNSTAR) on Friday morning, May 26, 2023. The signing was carried out by Secretary-General Heru Setiawan and UNSTAR Rector Jamin Habid, witnessed by Chief Justice Anwar Usman and Constitutional Justices Daniel Yusmic P. Foekh at UNSTAR, Rote Ndao, East Nusa Tenggara (NTT). Chief Justice Anwar Usman was delivered a keynote speech, while Justice Foekh delivered a presentation at the event entitled “The Constitutional Court’s Role in Improving the Culture of Constitutional Awareness and Guarding the Citizens’ Constitutional Rights.”

The chief justice then explained the Constitutional Court’s authority. Based on Article 24C of the 1945 Constitution, the Court has four types of authority and one obligation. Any citizen who feels that their constitutional rights have been violated due to the enactment of a law can said law to the Constitutional Court.

Chief Justice Anwar, who attended the event on site, said a law is the results of work by 575 members of the House of Representatives (DPR) along with the president and ministers, who discuss it for months. However, this joint product of the House and the president can be nullified by the Constitutional Court based on a petition by any citizen. He further said that the next authority of the Court granted by the 1945 Constitution is to decide the dissolution of political parties.

In addition, he revealed, in the past, the president asked political parties to disband. After the amendment to the 1945 Constitution, political parties can only be disbanded by the Constitutional Court based on a petition submitted by the president. The Court also has the authority to decide disputes over the authority of state institutions whose authority is mentioned in the 1945 Constitution, for example if the president issues a regulation on cassation, even though this authority belongs to the Supreme Court.

The Court’s fourth authority is to decide disputes over general election results. In addition, Article 24C paragraph (2) of the 1945 Constitution stipulates that the Constitutional Court has an obligation to give a decision on the opinion of the House regarding alleged violations by the president and/or vice president according to the Constitution.

The chief justice explained that impeaching a president and/or vice president is very difficult. Before submitting an impeachment petition to the Court, the House must convene with at least two-thirds of all its members in attendance and with the approval of two-thirds of the members present. After expressing the opinion that the president and/or vice president is guilty, the House submits it to the Constitutional Court, who will assess whether the opinion is proven. If the president and/or vice president are found by the Court to have committed an offense, the legal decision will be decided by the People’s Consultative Assembly (MPR) in accordance with statutory laws and regulations. Chief Justice Anwar reiterated that the Court can only adjudicate if there is an incoming case.

He also explained that Article 157 paragraph (3) of Law No. 10 of 2016 on Regional Head Elections (Pilkada) also specify that the Constitutional Court has additional authority to resolve pilkada disputes until a special judicial body is formed.

He also emphasized that the Constitutional Court, as the guardian of the Constitution, has a role to keep the entire state process in line with the Constitution, including to realize a prosperous country. Development by the country must be based on the legal provisions that govern it.

“In that context, the Constitutional Court’s role is to oversee the development process to realize a prosperous country in line with the constitutional norms that are the basic principles of the state. However, if there is a process that is not in line with constitutional norms, it can straighten it out through its authority in accordance with the constitutional mandate,” he said.

MoU Signing

On the same occasion, Secretary-General Heru Setiawan explained that the signing of a memorandum of understanding (MoU) for constitution awareness programs for the citizens (PPHKWN) and the quality of higher education was the Court’s first agenda in Rote Ndao.

“Along with [UNSTAR] Rector, [I] officially signed a memorandum of understanding. [Thank God], everything went well. This means that now one more university has become a strategic partner, a friend, a thinking partner, and a working partner of the Court.  We are opening the door to cooperation with all circles. For us, the more partners we have, the stronger the support will be, so that the Court can carry out its constitutional duties and authorities well, smoothly, and in accordance with the expectations of the public, who always long for just decisions,” he said.

He further explained that the Court’s main duty is to examine, hear, and decide cases that fall under its authority. However, outside its judicial function, the Court takes a role along with other components of the nation to improve the citizens’ understanding and awareness of the Constitution. He believes the citizens’ a good understanding and awareness of the Constitution will be helpful to the Court in carrying out its constitutional authority.

“The memorandum of understanding signed earlier is also directly executed, implemented through the national seminar, in which His Excellency [Chief Justice Anwar Usman] and His Excellency Dr. Daniel Yusmic also attended. It can be said that this national seminar is the first agenda of the follow-up to the implementation of the points of the MoU. We look forward to the next proposal of cooperation under this MoU. On that note, please, Mr. Rector, if you want to plan or propose the next cooperation agenda, once again, we will welcome it with pleasure and joy,” Heru said.

Meanwhile, in her speech, Rote Ndao Regent Paulina Haning-Bullu thanked the Court, especially the chief justice and other constitutional justice, for attending the signing. She also explained the geography of Rote Ndao.

Presentation

Meanwhile, Constitutional Justice Daniel Yusmic P. Foekh in his presentation explained the Court’s role in protecting the citizens’ constitutional rights, which every citizen has and are in accordance with and guaranteed by the Constitution.

The Constitutional Court’s role as a protector of the citizens’ constitutional rights, he continued, is contained in Article 24 paragraph (2) of the 1945 Constitution, which reads, “Judicial power shall be made by a Supreme Court and judicial bodies thereunder within a general judicature, religious court, military court, state administration court, and by a Constitutional Court.”

He also explained that Article 28J of the 1945 Constitution has constitutional restrictions that regulate the right of people to respect the human rights of others in the orderly life of society, nation, and state. In addition, in exercising their rights and freedoms, everyone must also submit to restrictions stipulated by law. This is intended to ensure recognition and respect for the rights and freedoms of others and to fulfill fair demands in accordance with moral considerations, religious values, security, and public order in a democratic society.

Author       : Utami Argawati
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.

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