Expert assistant to constitutional justice M. Lutfi Chakim welcoming law students of Universitas Indonesia, Thursday (7/20/2023). Photo by MKRI/Panji.

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JAKARTA (MKRI) — Expert assistant to constitutional justice M. Lutfi Chakim welcomed students of the Law Faculty of Universitas Indonesia (FH UI) on Thursday, July 20, 2023 at the Court’s main hall. The students visited the Court to learn about its vision, mission, and authority.

Chakim began his presentation by explaining the Constitutional Court’s (MK) authority, the main of which is reviewing laws against the Constitution, followed by 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.

He also explained the models of judicial review: decentralized and centralized. The decentralized system, also known as the American system, is applied by the United States, Canada, and the Philippines, among others. In this model, the Supreme Court, not a separate court, performs judicial review of laws.

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.

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 in revising their petition. It is then followed by a petition revision hearing. If the case continues based on a justice deliberation meeting (RPH), 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.

After the presentation, the students were taken to tour the Court’s Constitution History Center (Puskon) at the fifth and sixth floors of its main building.

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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