Expert assistant to constitutional justice Mohammad Mahrus Ali delivering presentation at IAIN Syekh Nurjati Cirebon, Monday (6/12/2023). Photo by MKRI/Panji.

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JAKARTA (MKRI) — Students of IAIN (State Islamic Institute) Syekh Nurjati of Cirebon visited the Constitutional Court (MK) on Monday, June 12, 2023 at the Court’s main hall. Expert assistant to constitutional justice M. Mahrus Ali welcomed the students and delivered a presentation on the Court and its dynamics.

He began his presentation by explaining the Court’s authorities and obligation as stipulated in the 1945 Constitution: to hear at the first and last level with decisions that are final to review laws against the Constitution, to decide disputes over the authority of state institutions granted by the Constitution, to decide the dissolution of political parties, and to decide disputes over the results of general elections. In addition to these authorities, the Court has one obligation to give a decision on the House of Representatives’ (DPR) opinion on alleged violation of legal violation by the president and/or vice president according to the Constitution. The offenses are regulated in Article 7A of the 1945 Constitution: treason, corruption, bribery, other criminal acts, or disgraceful acts, and/or no longer able to fulfill the requirements as president and/or vice president as referred to in the 1945 Constitution.

Ali said the Court had never exercised its authority to dissolve political parties. It has also not exercised its authority to hear presidential impeachment cases submitted by the House.

“If students want to learn about impeachment, they can open the website of the South Korean Constitutional Court because the MKRI has never had such a case. There are thousands of pages of decisions regarding impeachment [in Korea],” said Ali.

He also said that the Constitutional Court has six roles: guardian of the Constitution, final interpreter of the Constitution, guardian of democracy, protector of citizens’ constitutional rights, protector of human rights, and protector of state ideology (Pancasila). The six roles are contained in its decisions. As for its decision on the eligibility of e-KTP (electronic identification) for voting. “This decision is mentioned in a KPU decision,” he explained.

Ali also cited the Court’s decision on the protection of human rights filed by former KPK (Corruption Eradication Commission) commissioner Antasari Azhar. In the decision, the Court allowed the petition to continue as long as there was new evidence. “This is an example of a Constitutional Court decision that can change the legal system in Indonesia. Many Constitutional Court decisions provide a way out of violations due to the enactment of laws,” he said.

He then gave an example of a verdict on the Job Creation Law, which has been challenged formally and materially, where the Court granted a material review petition on how the Job Creation Law process was created. “Through this decision, the Court carries out the function of checks and balances, because not all laws are in accordance with what is needed by the people,” added Ali.

Author       : B. Panji Erawan
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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