Constitutional Court welcoming 129 students and 11 lecturers from the Sharia Faculty of UIN KH. Abdurrahman Wahid of Pekalongan, Tuesday (8/22/2023). Photo by MKRI/Ilham W.M.

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JAKARTA (MKRI) — Expert assistant to constitutional justice Muhammad Reza Winata welcomed 140 law students from the Sharia Faculty of UIN (State Islamic University) K.H. Abdurrahman Wahid (Fasya UIN Gus Dur) of Pekalongan on Tuesday, August 22, 2023 at the Court’s main hall.

In his presentation, Reza explained that the Constitutional Court is a state institution formed during the Reform era. The idea of establishing the Constitutional Court first emerged during the discussion of the drafting of the Constitution (UUD) by the Investigating Committee for Preparatory Work for Independence (BPUPKI), when Mohamad Yamin came up with the idea of establishing a Supreme Court that would have the authority to review laws against the Constitution. However, the idea was rejected by Supomo, citing the reason that Indonesia did not have many qualified law graduates at that time and, with great influence of the Dutch law, it upheld separation of state powers. The idea of a constitutional court then reappeared during the discussion of the third stage of the constitutional amendment.

“The Constitutional Court is an institution established in the Reform era through the amendment to the 1945 Constitution. During the New Order, many violations occurred, so the Constitutional Court was established in Indonesia,” said Reza.

He also explained about the Constitutional Court’s authority. He said, as set forth in Article 24C of the 1945 Constitution, the Court has four types of authority and one obligation. Any citizen who feels that their constitutional rights have been violated due to the enactment of a law can bring it to the Constitutional Court, who will review said law. He added that laws, which are products of the House of Representatives (DPR) and the president, can be declared unconstitutional by the Constitutional Court if there is a petition submitted by a citizen.

In addition to reviewing laws, continued Reza, the Court also has the authority to decide disputes over the authority of state institutions whose authority is granted by the 1945 Constitution. It can also decide the dissolution of political parties. “However, the Constitutional Court has not yet received this kind of petition,” he explained.

The fourth type of the Court’s authority is to decide disputes over the results of general elections and regional head elections. Furthermore, as set forth in Article 24C paragraph (2) of the 1945 Constitution, the Court has the obligation to give a decision on the House’s opinion regarding alleged violations by the president and/or vice president according to the Constitution.

Reza also explained that the Constitutional Court, as the guardian of the Constitution, has a role to keep the entire state process in line with the Constitution, including in creating a prosperous country. The state’s development must be based on the legal provisions that govern it.

“In that context, the Constitutional Court’s role is to oversee the development process to create a prosperous country in line with constitutional norms that are the basic rules of state. However, any process not in line with constitutional norms can be rectified by the Constitutional Court through its authority in accordance with the constitutional mandate,” he said.

He emphasized that in carrying out its functions and duties, the Constitutional Court always tries its best to produce quality decisions. Students can take a role and participate in the judicial review of cases in the Constitutional Court.

He also emphasized that the Constitutional Court's decisions are final and binding, as per Article 24C paragraph (1) of the 1945 Constitution. This means that there is no opportunity to take subsequent legal remedies after the decisions, unlike ordinary court decisions for which cassation and judicial review (PK) can be requested. In addition, constitutional justices cannot be intervened by anyone, be it the Government, the House, or the litigants.

After listening to Reza’s presentations, the students were invited to tour the Constitution History Center (Puskon) located on the 5th and 6th floors of the Court’s main building. The center documents the dynamic history of the Constitution and Constitutional Court of Indonesia through information, art, and technology. It helps visitors understand the values enshrined in the Constitution and its journey within the history of the nation.

Author       : Utami Argawati
Editor        : Nur R.
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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