Unika Soegijapranata Students Learn Court’s History and Authority

Expert assistant to constitutional justice Rima Yuwana Yustiikaningrum welcoming Law and Communication Faculty students of Soegijapranata Catholic University (Unika), Thursday (9/14/2023). Photo by MKRI/Fauzan.

JAKARTA (MKRI) — Expert assistant to constitutional justice Rima Yuwana Yustiikaningrum welcomed 180 students of the Law and Communication Faculty of Soegijapranata Catholic University (Unika), Central Java Province on Thursday morning, September 14, 2023 at the Court’s main hall. On the visit, Rima explained the history, authority, and obligation of the Constitutional Court as well as its functions.

“It is now 2023; exactly 20 years ago the Constitutional Court was established on August 13, 2003, with 4 types of authority and 1 obligation as stated in the 1945 Constitution,” she explained while beginning her presentation.

She then explained that the nine constitutional justices are proposed by three elements of state institutions: the president, the Supreme Court, and the House of Representatives (DPR)—three nominees each.

She also invited the students to litigate in the Constitutional Court, which is free of charge.

“Every decision of the Constitutional Court is final and binding, meaning that what has been read out in the ruling hearing by the constitutional justices cannot be appealed. It is different from trials in the district court, which one can appeal to the high court and then to the Supreme Court,” she said.

The first authority of the Constitutional Court is to review laws against the Constitution. “The duty of the Constitutional Court is to purify laws. Any case filed to the Court is called a judicial review petition. Unlike the Supreme Court, the Constitutional Court’s review is only limited to laws against the Constitution. Meanwhile, the Supreme Court examines regulations below it against laws,” Rima explained.

The second authority, she continued, is to decide disputes over the authority of state institutions (SKLN). “The Constitutional Court acts as a referee for state institutions, meaning that it mediates conflicts between state institutions, but only related to their authority. The condition is, firstly, it must be a state institution [that files such a petition]. Secondly, the disputed object is its authority,” she added.

The third authority of the Constitutional Court is to decide on the dissolution of a political party if it is proven that it violates the state ideology and the Constitution. However, until today the Court has never performed this authority. The fourth authority is to decide disputes over election results.

In addition to the four types of authority mentioned earlier, the Court also has an obligation related to the impeachment of the president and/or vice president. This has also never been performed.

Author       : Fauzan Febriyan
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.

Thursday, September 14, 2023 | 20:15 WIB 28