Court welcoming 130 constitutional law students of the Sharia Faculty of the State Islamic University of Salatiga, Wednesday (6/21/2023). Photo by Humas MK/Ilham W.M.
JAKARTA (MKRI) — The Constitutional Court (MK) welcomed 130 six-semester students of the constitutional law study program (Siyasah Syar’iyyah) of the Sharia Faculty of the State Islamic University (UIN) of Salatiga on Wednesday, June 21, 2023. Expert assistant to constitutional justice Ananthia Ayu Devitasari welcomed them directly on behalf of the Court.
Ayu delivered a presentation on “The Development of the Constitutional Court’s Procedural Laws.” She revealed that the establishment of the Constitutional Court, which will celebrate 20th anniversary this year, had been proposed since early days of the independence. When the drafting of the Constitution was discussed by the Investigating Committee for Preparatory Works for Independence (BPUPKI), Mohamad Yamin proposed that the Supreme Court be given the authority to review laws against the Constitution.
The idea was rejected by Supomo because Indonesia did have many qualified law graduates at that time and, with great influence of the Dutch law, it upheld separation of power. The idea resurfaced during the discussion of the third-stage amendment to the Constitution.
Ayu explained that judicial review of laws can be formal or material. Formal review concerns lawmaking process and procedure while material review is the examination of the content of laws, its articles, paragraphs, phrases, or even their elucidation and appendices. She revealed that the appendix of the APBN (State Budget) Law on the education budget had been reviewed, as it mentioned the amount of the education budget.
Initially, Ayu said, the Constitutional Court only reviewed laws passed after the Court was established. However, the provision on that was declared unconstitutional. Now norms that already existed before the Court was established could also be reviewed. She explained that anyone can file a judicial review petition, including individual citizens, public or private legal entities, and customary law communities.
Next, Ayu said, the Constitutional Court has the authority to resolve authority disputes of state institutions. In this case, the petitioner is a state institution, whose authority is mentioned in the 1945 Constitution. Next, the Court is authorized to decide disputes over election results. In such disputes, currently individual legislative candidates can become litigants in the case with the approval of the party’s central executive board’s chairperson and secretary-general.
In disputes over legislative and presidential election results, the opponent is not the candidates, but the KPU (General Elections Commission). Meanwhile, the object of dispute is the certification of the vote acquisition. Meanwhile, Bawaslu (Elections Supervisory Body) acts as an informant.
The Court is also authorized to rule over the dissolution of a political party and the petitioner is the president, who can be represented by the attorney general or a minister assigned to it. Finally, the Court must decide the opinion of the House of Representatives (DPR) that the president and/or vice president has committed an offense according to the 1945 Constitution.
The Court’s authority over disputes over the results of regional head elections (pilkada) was granted by law and the respondent is the provincial, regency, or city KPU. The provincial, regency, or city Bawaslu acts as an informant.
The Constitutional Court’s decisions are final and binding and apply to the public since they are pronounced in a public plenary ruling hearing. These decisions are equal to a law because it applies to the public and constitute interpretations of the Constitution. So, even though the petition is filed by an individual citizen, the Court’s decision applies to all citizens.
Ayu further revealed data based on the Court’s annual report, currently the most reviewed are the Election Law, the National Capital Law, the Pilkada Law, and the Criminal Code. The statistical data illustrates that judicial review cases were more related to the interests of the elite.
She continued that to make it easier for the public to access the Court, it has digitized petition submission. This allows the public to easily submit a petition without having to come to the Court’s building.
The Court has also published the 1945 Constitution in braille for people with disabilities. It also disseminated information on the development of its procedural laws in collaboration with various parties.
Answering questions from students about the revision of the Constitutional Court Law, Ayu explained that the revision is the House’s authority. However, the House changes laws governing state institutions, it consults with the relevant institutions.
Ayu answered a question about the Court’s independence in adjudicating norms related to itself. She emphasized that it must be noted that Constitutional Court’s establishment is not enshrined in a law, but in the Constitution, so the Court remains independent in reviewing laws related to itself. Similarly, constitutional justices are proposed by the House, the president, and the Supreme Court, as a manifestation of the balance of the three branches of state power (executive, legislative, and judiciary). In exercising their authority, they are not always in line with the institution that endorses them.
Next, she answered a question on laws that have been challenged multiple times, for which the Court will assess whether the petition has different reasons and touchstones from previous ones.
Ayu also explained about party members who commit criminal acts of corruption. Such cases, she said, are different from that of the dissolution of political parties. Corruption eradication is the jurisdiction of law enforcement, while the dissolution of political parties is related to the party’s ideology and activities that are considered dangerous to the state.
Previously, vice dean I for academic affairs, Farhani, said the visit aimed to broaden the students’ knowledge about the Constitutional Court and answer their questions on the practice and development of the Court’s procedural laws.
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.
Wednesday, June 21, 2023 | 16:45 WIB 113