Expert assistant to constitutional justice Bisariyadi welcoming law students of University of Bengkulu, Wednesday (9/ 27/2023). Photo by MKRI/Fauzan.

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JAKARTA (MKRI) — The Constitutional Court (MK) welcomed the students of the Law Faculty of the University of Bengkulu (FH Unib) on Wednesday, September 27, 2023 at the Court’s main building. They were welcomed by expert assistant to constitutional justice Bisariyadi, who delivered a presentation on the Constitutional Court.

The presentation and following discussion was moderated by FH Unib representative Sonia Ivana Barus, head of FH Unib’s Research and Community Service Unit. Sonia conveyed the aim of the visit to the Court.

“We hope that both the students and their supervisors who come to the Court gain knowledge and information for the students’ thesis materials,” she said.

“We’ve visited ministries and institutions, but the Constitutional Court is a very prestigious institution for me,” she praised.

MPR After Constitutional Amendment

In his presentation for FH Unib students, Bisariyadi explained the amendment to the 1945 Constitution. Prior to the amendment, the People’s Consultative Assembly (MPR) was the highest state institution. However, following the amendment, its position is now equivalent with other state institutions in Indonesia.

After the amendment to the 1945 Constitution, the check-and-balances function became the main value adopted by the 1945 Constitution. “It makes no state institution dominant. So, the control function between institutions can be implemented,” he stressed.

Based on the 1945 Constitution, Indonesia is a democratic legal state, where sovereignty is in the hands of citizens and is implemented based on the Constitution. After the amendment to the 1945 Constitution, there is no longer a highest state institution; all of them have an equal position based on their functions. So, the authority between one institution and another does not overlap.

Constitutional Court’s Function

Furthermore, Bisariyadi said that based on the authority granted by the 1945 Constitution, the Constitutional Court functions as the guardian of state ideology and Constitution, the final interpreter of the Constitution, the protector of democracy, the protector of the citizens’ constitutional rights, and the protector of human rights. Despite their similar judicial review authority, the Constitutional Court differs from the Supreme Court (MA), as the Constitutional Court having the jurisdiction to examine laws against the Constitution while the Supreme Court examines regulations under the law against laws.

To the Court is also authorized to decide authority disputes between state institutions whose authority is granted by the 1945 Constitution, to decide the disbandment of political parties, to decide disputes over the results of general elections, and the Court shall pass a decision on the opinion of the House of Representatives (DPR) on alleged violations by the president and/or vice president. It also has the authority to decide disputes over the results of regional elections (pilkada).

Bisariyadi also mentioned the upcoming 2024 Election, which will be simultaneous. The Constitutional Court will also use one of its authority to hear petitions over the results of the general election (pemilu), i.e. both the presidential and legislative election.

“So, you will be voting for president and vice president in February. However, if [the results of the presidential election] is petitioned to the Constitutional Court, a runoff could be held in May. Meanwhile, the regional election will be held in November,” stressed the expert assistant who obtained a doctorate from Andalas University.

Bisariyani said the Court’s authority over disputes between state institutions, which could occur when a state institution believes its authority is reduced by another state institution. “For example a dispute between the House and the DPD (Regional Representatives Council),” he said.

Public Trust

Concluding his presentation, Bisariyadi said that building public trust is essential. It is done by maintaining the Court’s authority. “One thing that should be underlined is that it is important that the Court’s decisions be obeyed, and building public trust is not only asking people to trust us, but we must also maintain our own reputation,” he said.

As many as 145 law students of the University of Bengkulu visited the Court. After the presentation, they visited the Constitution History Center (Puskon) on the 5th and 6th floors of the Court’s main building.

Author       : Fauzan Febriyan
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.

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