Expert assistant to constitutional justice M. Lutfi Chakim giving a presentation to students of Islamic Law study program of the State Islamic University of Salatiga, Wednesday (6/7/2023). Photo by MKRI/Panji.

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JAKARTA (MKRI) — Expert assistant to constitutional justice M. Lutfi Chakim welcomed students of Islamic Law study program of the State Islamic University of Salatiga on Wednesday, June 7, 2023 at the Constitutional Court’s (MK) main hall. The students visited the Court to learn about its vision, mission, and authority.

Chakim began his presentation by explaining that judicial review of any laws was first conducted by the U.S. Supreme Court, when John Marshall was Chief Justice, with the case of William Marbury v James Madison.

Marshall said that although the Supreme Court had not been granted the authority to review laws against the Constitution, the supreme justices were bound by oath to uphold the Constitution. This case was a landmark decision that paved the way to judicial review in the future.

Then Austrian jurist Hans Kelsen, who proposed the idea of judicial review, stated that a special judicial body would be necessary to review laws. The Constitutional Court is an important body that guard legislation so that they are in line with the Constitution.

“So that the implementation of the Constitution as the supreme law can be ensured, there needs to be an organ that reviews whether legal products are against the Constitution or not,” Chakim said.

Judicial Review Models

Chakim also explained the models of judicial review: decentralized and centralized. The decentralized system, also known as the American system, is where one body i.e. the Supreme Court performs judicial review of laws. This model is applied by the United States, Canada, and the Philippines, among others.

Meanwhile, the centralized system, also known as the Kelsenian system, is where a separate, independent judiciary such as the Constitutional Court does it. Austria, Germany, South Africa, South Korea, Turkey, and Indonesia implements this system. The decisions of this judicial body is erga omnes.

MKRI’s Authority

Chakim further explained the Constitutional Court’s authority. Its main authority is reviewing laws against the Constitution. The other includes settling authority disputes between state institutions whose authorities are granted by the 1945 Constitution, deciding the disbandment of political parties, and settling disputes over general election results.  It is also obligated to decide the House’s opinion on an alleged violation of law or disgraceful act committed by the president and/or vice president.

Chakim also explained the Constitutional Court’s proceedings, which start with a preliminary examination hearing by a panel of three justices, aimed at checking the completeness and clarity of the material. The petitioners are given 14 workdays to revise the petition. Since the case is not a dispute of interests, the justices are obligated by law to advise the petitioners. It is then followed by a petition revision hearing. If the case continues based on a justice deliberation meeting, it will advance to the plenary examination hearings, where the justices hear the testimonies of the Government, the House of Representatives (DPR), witnesses, relevant parties, and experts. Then the case concludes with a ruling hearing.

During the Q&A, a student asked why can only the Government file a petition to disband political parties. In response, Chakim said that the Court can give an opinion on the case. “Of course the Court can adjudicate such a case, but there has not been any such case filed,” he said.

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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