Secretary-General Heru Setiawan opening Constitutional Law Festival, Friday (9/8/2023). Photo by MKRI/Ilham W.M.

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MALANG, MKRI — Entering its 20th year, what direction should the Constitutional Court take so that its honor of upholding constitutional supremacy and the 1945 of Constitution is maintained? The question was made by Secretary-General Heru Setiawan in his keynote speech at the Constitutional Law Festival of 2023 in Brawijaya University, Friday, September 8, 2023.

At this annual event by the Law Faculty Brawijaya University, Heru answered the public’s questions of the Constitutional Court in his presentation on “The Constitutional Court as a Judicial Supremacy to Uphold the Constitution.” Heru said that on August 13, 2023, the Constitutional Court celebrated its 20th anniversary. Actually, Law No. 24 of 2003 on the Constitutional Court was also promulgated on August 13, 2003.

For 20 years the Constitutional Court made its best efforts to be a fair arbiter in resolving the citizens’ cases within its authority. Heru realized that it is undeniable that the Court also faced dynamics and new challenges in line with the development of legal science, era, and values of Indonesian civilization. 

“The Constitutional Court has become a source of hope who the citizens depend on in fighting for their constitutional rights, constitutional truth to achieve, obtain, and enjoy the constitutional justice as well as being the energy and strength to develop the culture and awareness on the Constitution,” he explained before Law Facutly dean Aan Eko Widiarto and the academic community of Brawijaya University.

Constitutional Court’s Direction

Heru said he had been observing how the Constitutional Court progressed over the last two decades and where it would be going. This, he said, was evident in the increasing level of public awareness and understanding of the citizens’ constitutional rights. The public has rising enthusiasm and courage to act, speak out, and use the constitutional review mechanism in the Constitutional Court when their constitutional rights are violated.

The Court’s decisions influence the legal system and set the direction for the development of law, democracy, politics, and other aspects to protect the citizens’ constitutional rights. Since its establishment, it has aspired to be a pioneer of modern judiciary. This is not only about building, equipment, and IT-based support but about a fresh mindset in providing the best access and services to justice seekers.

“If any of the laws discussed in the House have norms that violate the constitutional rights of citizens, file a petition to the Constitutional Court. In this case, the Court will correct the legal products that violate the citizens’ constitutional rights,” Heru said.

In his keynote speech, Heru mentioned cases that influenced the nation. He asked the participants not to hesitate to submit a judicial review petition as a joint effort to correct legislation.

“In this situation, we are aware that everything is political, because this is a political year, and some people associate the Constitutional Court with politics. It is true that the Constitutional Court exercises its jurisdiction in relation to the political domain. However, it is important to note that the Court is a judicial institution that does not engage in practical politics. It will not participate in political interests and will continue to aspire to be a trustworthy judicial institution that generate substantial and high-quality judgements. With the 2024 Election approaching, a strong commitment is required to maintain democracy as stipulated by the 1945 Constitution. Therefore, the Court will maintain its independence and impartiality to present quality case handling process. Thus, it needs the support from all parties and it takes mutual efforts to uphold the Constitution,” he said.

Author       : Sri Pujianti
Editor        : Lulu Anjarsari P.
Translator  : Nyi Mas Laras Nur Inten Kemalasari/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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