Fomaksi Learns Court’s Authority

Students from Fomaksi welcomed by expert assistant to constitutional justice Intan Permata Putri, Thursday (9/14/2023) in the Court’s second building. Photo by MKRI.

JAKARTA (MKRI) — The Sukabumi Regency Madrasah Aliyah Student Council Forum (Fomaksi) visited the Constitutional Court (MK) on Thursday, September 14, 2023. The students were received by expert assistant to constitutional justice Intan Permata Putri in the Court’s second building.

Intan introduced the Court’s authority and how it performs its duties and functions as mandated in the Constitution. The Court’s authority is to conduct judicial review of laws against the Constitution, to decide authority disputes between state institutions whose authority is granted by the 1945 Constitution, to decide the disbandment of political parties, and to decide disputes over the results of general elections. It also shall pass a decision on the opinion of the House of Representatives (DPR) on alleged violations by the president and/or vice president.

Intan also explained that the Court’s main authority is to conduct judicial review of laws against the 1945 Constitution. The proceedings for this include preliminary hearings, examination hearings, justice deliberation meeting (RPH), and ruling hearing.

The substance for such a petition, Intan explained, is not related to constitutional complaint or constitutional question. Such a petition should consist of an explanation of the Court’s authority, the petitioner’s legal standing, the posita (reason behind the petition), and the petitum (what the petitioner requests).

Intan then discussed the settlement of general election results disputes (PHPU) and local election (pilkada) results disputes. In contrast to judicial review decisions, hearings and decisions on PHPU and local elections are fundamentally different.

“In judicial review cases there are rarely interlocutory decisions, while in PHPU there are many, for example if the Court finds violations, so that the constitutional justices has the right to order a recount or even a revote,” she said.

Author       : Utami Argawati
Editor        : Nur R.
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.

Thursday, September 14, 2023 | 18:16 WIB 151
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