Assistant to constitutional justice Mery Christian Putri explaining the Constitutional Court’s position in the state administration to law students of Mahasaraswati University at a field trip to the Court, Tuesday (6/6/2023). Photo by MKRI/Ilham W. M.

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JAKARTA (MKRI) — The Constitutional Court (MK), represented by assistant to constitutional justice (ASLI) Mery Christian Putri welcomed law students of Mahasaraswati University of Denpasar (Unmas Denpasar) on Tuesday, June 6, 2023 at the Court’s main hall.

To the students, Mery explained the Court’s authority within the state administration: 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 (SKLN cases) whose authorities are granted by the 1945 Constitution, to decide the dissolution of political parties, and to settle disputes over general election results. The Court is also obligated to decide the opinion of the House of Representatives (DPR) on an alleged violation of law committed by the president and/or vice president.

The Court also has an additional authority to rule on regional head election disputes, which is not derived from the Constitution.

“The Court has only ruled on two SKLN cases, i.e. between the DPR and the DPD [(Regional Representatives Council)]. You could read it on the Court’s website. Meanwhile, the Court has not adjudicated on the disbandment of political parties,” she said.

The four authority and one obligation, Mery said, are enshrined in the Constitution, i.e. Article 24C paragraphs (1) and (2) of the 1945 Constitution, Law No. 24 of 2003 on the Constitutional Court, and Law No. 48 of 2009 on the Judicial Power.

As set in the Court’s procedural law for judicial review, the Court’s judicial review hearings start with a preliminary hearing, followed by examination hearings, and justice deliberation meeting, before it concludes with the ruling hearing. Judicial review petitions, Mery said, does not concern constitutional complaint or constitutional question.

She also explained the format of a judicial review petition: the petitioner’s profile, the Court’s authority, the petitioner’s legal standing, the posita, and the petitum. She added a petition can be filed offline or online.

After her presentation, Mery welcomed questions from the students and discussion on cases concerning the Court’s authority and cases it had ruled on.

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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