Diponegoro University law student Didi Prasetyo asking about open legal policy during a visit to the Constitutional Court, Wednesday (10/18/2023). Photo by MKRI/Fauzan.

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JAKARTA (MKRI) — Law students of Diponegoro University visited the Constitutional Court (MK) on Wednesday, October 18, 2023. Didi Prasetyo, one of the students, opened the discussion by asking about the limits or conditions for the Court to declare any provisions an open legal policy in its decisions.

“The first definition of open legal policy by the Court is that, first, if the 1945 Constitution regulates it further in a law as a legal policy by legislators. Second, if the Constitution does not mention it at all, for example the importance of the Ombudsman as a public service supervisory institution, which the Constitution does not mention at all,” expert assistant to constitutional justice Abdul Basyid Fuadi explained.

“In that context, the legislators set legal policy to be rather limited. The Court can take a stance against the government’s legal policy with 3 conditions: if it violates morality, rationality, and indicates intolerable injustice,” he continued.

“The Court has the authority to conduct judicial review of law against the 1945 Constitution, decide upon authority disputes between state institutions whose authority is granted by the 1945 Constitution, decide the dissolution of political parties, and decide disputes over the results of general elections,” he said.

Before the discussion session, Abdul Basyid Fuadi had begun his presentation by explaining the background of the establishment, authority and obligation, and history of the Constitutional Court.

“The Court has the authority to conduct judicial review of law against the 1945 Constitution, decide upon authority disputes between state institutions whose authority is granted by the 1945 Constitution, decide the dissolution of political parties, and decide disputes over the results of general elections,” he said.

Based on its authority, the Court has several roles and functions, i.e. the guardian of the Constitution, the final interpreter of the Constitution, the protector of democracy, the guardian of the citizens’ constitutional rights, the protector of human rights, and the guardian of the state ideology.

A total of forty students and four lecturers of the Law Faculty of Diponegoro University (UNDIP) Semarang conducted a field study at the Court on Wednesday, October 18, 2023.

“The students visit the Court for a field study. Visiting state institutions related to the course material aims to combine the material learned on campus with a real-life observation in the field is an annual agenda of the constitutional law association of the Law Faculty of Diponegoro University,” said Sekar Anggun Gading Pinilih, head of the university’s Law Faculty constitutional law department.

The students also visited the Court to study legal writing so they could go on to write a thesis by studying the Court’s decisions, including its latest ones.

Author       : Fauzan F.
Editor        : Lulu Anjarsari P.
Translator  : Najwa Afifah Lukman/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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