Expert assistant to constitutional justice Alboin Pasaribu welcoming SMA Noah Jakarta at the Constitution History Center (Puskon), Thursday (11/16/2023). Photo by MKRI/Fauzan.

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JAKARTA (MKRI) — Students of the private junior high school SMP Noah visited the Constitutional Court (MK) on Thursday, November 16, 2023. As many as 45 students along with 5 teachers were welcomed by expert assistant to constitutional justice (ASLI) Alboin Pasaribu at the Constitution History Center (Puskon) in the Court’s main building.

In his presentation, Pasaribu delivered a presentation on “The Constitutional Court and the Protection of Citizens’ Rights”. He said that the idea of judicial review was once put forward by Muhammad Yamin in the hearing of the Investigating Committee for Preparatory Works for Independence (BPUPK). He proposed that the Supreme Court be authorized to “compare” laws.

Next, Pasaribu explained the judicial power in Article 24 of the 1945 Constitution. Before the amendments to the 1945 Constitution, it was exercised by a Supreme Court and other judicial bodies based on law. The composition and powers of these judicial bodies were regulated by law.

After the amendments to the 1945 Constitution, judicial power is an independent power to conduct the judiciary to uphold the law and justice. 

Pasaribu also explained the Court’s authority. Based on the Article 24C paragraphs (1) and (2) of the 1945 Constitution, it has the authority to hear cases at the first and last instance with final decisions to review laws against the Constitution.

“One of the Court’s authority is to conduct judicial review; it can be said that the Court is a police of laws. If there is any article or lawmaking process that is contrary to the 1945 Constitution, it can be petitioned to the Court,” Pasaribu said.

The Court also decides disputes over the authority of state institutions whose authority is granted by the 1945 Constitution. “The Constitutional Court is a referee between state institutions. This means that it mediates conflicts between state institutions, but related to their authority. The requirements for disputing the authority of state institutions, first, must be state institutions. Second, what is disputed is its authority,” Pasaribu added.

Next, the Court’s authority is to decide on the dissolution of political parties, and to decide disputes over the results of general elections. It also has an obligation to give a decision on the opinion of the House of Representative (DPR) regarding alleged violations by the president and/or vice president as detailed in the Constitution.

The Constitutional Court is also authorized to decide disputes over the results of regional elections (pilkada). Its legal reasoning in deciding on this authority is that regional elections are part of general elections.

After delivering his presentation, Pasaribu let the students raise questions about the Court and the constitutional justices. After that, the students were invited to tour the Constitution History Center (Puskon), which is located on the 5th and 6th floors as well as the front pillar of the 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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