Constitutional Justice Daniel Yusmic P. Foekh attending a youth nationality dialog organized by Surabaya GMKI and East Java PGIW at the student center hall of Surabaya GMKI, Saturday (9/16/2023). Photo by MKRI.

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SURABAYA (MKRI) — The Constitutional Court (MK) is not only the guardian of the Constitution, but also of the state ideology, said Constitutional Justice Daniel Yusmic P. Foekh at a youth nationality dialog organized by the Surabaya branch of Indonesian Christian Student Movement (GMKI) and the East Java branch of the Federation of Churches in Indonesia (PGIW) on Saturday, September 16, 2023 at the student center hall of Surabaya GMKI. Representatives of youth and student organizations such as the Indonesian National Students Movement (GMNI), the Catholic Students Association of the Republic of Indonesia (PMKRI), the South Sulawesi Family Association of Indonesian Students (IKAMI), the Indonesian Christian Youth Movement (GAMKI), the Inter-Varsity Christian Fellowship (Perkantas), the Indonesian Christian Intelligence Association (PIKI), and GMKI seniors residing in Surabaya and surrounding regions.

Justice Foekh began his explanation by stating the Court’s authority based on Article 24C paragraphs (1) and (2) of the 1945 Constitution includes reviewing laws against the Constitution, settling authority disputes between state institutions whose authorities are granted by the 1945 Constitution, deciding the disbandment of political parties, and settling disputes over general election results.  It is also obligated to decide the House’s (DPR) opinion on alleged constitutional violations or disgraceful acts committed by the president and/or vice president. The constitutional justice, who hailed from Kupang, also explained the development of the Court’s authority to review government regulations in lieu of laws (perppu) and to decide disputes over the results of regional head elections (pilkada).

“The last two types of authority come from the Constitutional Court’s decisions. Some of the authority comes from the 1945 Constitution and from the Court’s jurisprudence,” he explained.

He also discussed the Court’s decisions where Pancasila was used as touchstone or basis for judicial review, such as the case on the Water Resources Law, which was overturned by the Constitutional Court because it violated the fifth precept of Pancasila and Article 33 paragraph (3) of the 1945 Constitution, which is the guideline for state administration in the economic sector or economic democracy. The Decision No. 85/PUU-XI/2013 was handed down in an open plenary hearing on February 18, 2015.

Justice Foekh also explained the Court’s efforts to disseminate Pancasila values, the 1945 Constitution, and the Court’s decisions through activities at Pancasila and Constitution Education Center, establishing constitutional villages, and collaborating with stakeholders both at home and abroad. These diverse activities aim to promote the internalization and internationalization of Pancasila as the state foundation, the basic rule of the state (staatsfundamentalnorm), the state ideology, and the Indonesian outlook on life.

The participants’ enthusiasm carried through to the Q&A session. Fernando, a law student from Universitas Merdeka Malang asked about the Court’s authority to decide on constitutional complaints, to which Justice Foekh said that it is the legislatures’ authority.

“In comparison, the Federal Constitutional Court of German hears thousands of cases related to constitutional complaints. Therefore, it is necessary to pay attention to the resources and support for constitutional justices should that authority be granted to the Constitutional Court of Indonesia,” he said.

Next, East Java PGIW secretary Hizkia Trianto asked about the requirements for constitutional justice. Justice Foekh said they are specifically regulated in the 1945 Constitution and the Constitutional Court Law. He suggested the participants to start preparing early if they want to become constitutional justices.

“It is not easy to become a constitutional justice. There are requirements on age, legal work experience, and at least a doctorate degree,” said the Nusa Cendana University Law Faculty alum.

After the Q&A, Justice Foekh advised the participants to maintain integrity, be active in organizatiosn, and master at least 1 foreign language to become future leaders. The dialog was concluded by the gifting of souvenirs, collective prayers, and a group photo.

Author       : Alboin P.
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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