Expert assistant to constitutional justice Ananthia Ayu Devitasari welcoming students of the University of Bandar Lampung, Tuesday (8/1/2023). Photo by MKRI/Panji.

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JAKARTA (MKRI) — The Constitutional Court (MK) welcomed sixth semester law students of the University of Bandar Lampung on Tuesday, August 1, 2023. The students were greeted by Ananthia Ayu Devitasari, expert assistant to Constitutional Justice Suhartoyo.

Ayu explained “The Development of the Constitutional Court’s Procedural Law” to the students. She said the idea of the establishment of the Constitutional Court, which turns 20 this year, had emerged in the early days of the independence during discussions of the Investigating Committee for Preparatory Work for Independence (BPUPKI), when Mohamad Yamin came up with the idea of establishing a Supreme Court with the authority to review laws against the Constitution.

The idea was rejected by Supomo with the argument that Indonesia did not have enough legal experts at that time. Besides, Indonesia, which was still heavily influenced by Dutch law, upheld the division of powers. The idea reappeared during the discussion of the third stage of the constitutional amendment.

Ayu also explained that judicial review of laws is divided into two types, formal and material. In formal review, the process and procedure of the lawmaking is reviewed. Meanwhile, in material review, the Constitutional Court reviews the content of the law as a whole or its articles, paragraphs, phrases, or even elucidation and appendices to the law. Ayu revealed that once, the appendix to the APBN Law, which regulates the allocation of state budget for education, was reviewed.

Initially, the Constitutional Court had only been able to review laws issued after its establishment but the provision was declared unconstitutional, so norms that had already existed before the Constitutional Court was established could also be reviewed. She explained that any citizen can apply for a judicial review of a law, including individual citizens, public or private legal entities, and customary law communities as long as they live according to the principles of the Unitary State of the Republic of Indonesia.

The next authority of the Constitutional Court is to resolve disputes over the authority of state institutions whose authority is mentioned in the 1945 Constitution. Next, the Court is authorized to decide disputes over the results of general elections (pemilu), where currently individual legislative candidates can file a petition provided that they have the approval of the chairman and secretary-general of the party’s central executive board (DPP).

In disputes over legislative and presidential election results, the candidates or parties stand against the General Elections Commission (KPU). Meanwhile, the object of the dispute is the votes certified by the KPU. The General Elections Supervisory Agency (Bawaslu) acts as an informant.

The next authority of the Constitutional Court concerns the dissolution of political parties where the petitioner is the president, who can be represented by the Attorney General or the minister assigned to it. Finally, the Constitutional Court is obliged to decide the opinion of the House of Representatives (DPR) on alleged constitutional violation by the president and/or vice president.

In disputes over the results of the regional head election (pilkada), which is additional authority granted by law, the respondent is the provincial or regency/city KPU, and Bawaslu also acts as an informant.

The Constitutional Court’s decisions are final and binding and apply to the public since they are pronounced at a plenary hearing that is open to the public. The decisions apply as a law does because they apply to the public and are an interpretation of the Constitution. So, even though the petition is filed by an individual citizen, the Constitutional Court’s decision applies to all citizens.

Ayu further that based on the Constitutional Court’s annual report, currently the most challenged laws are the Election Law, the National Capital City (IKN) Law, the Pilkada Law, and the Criminal Code. Statistics show that laws most frequently petitioned to the Constitutional Court concern the interests of the elite.

In order to make it easier for the public to access the Constitutional Court, it has digitized the petition submission process, thus allowing the public to submit petitions without having to come on site.

In response to Ayu’s explanation, a student asked about the difference between the Constitutional Court and the Supreme Court. Answering the question, Ayu said that the Supreme Court oversees the judicial bodies in Indonesia, i.e. the general, religious, military, state administrative, and special courts. Special courts are courts authorized to examine, hear, and decide certain cases. The Supreme Court is authorized to examine regulations under the law against the law. Meanwhile, the Constitutional Court review laws against the 1945 Constitution and settles disputes over the authority of state institutions whose authority is granted by the 1945 Constitution.

Author       : Utami Argawati
Editor        : Lulu Anjarsari P.
Translator  : Tahlitha Laela/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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