UPN East Java Law Students Visit to Learn about the Constitutional Court

Expert assistant to constitutional justice Titis Anindyajati welcoming law students of UPN Veteran of East Java in the Court’s second hall, Tuesday (11/21/2023). Photo by MKRI/Panji.

JAKARTA (MKRI) — Students of the Faculty of Law of the National Development University (UPN) Veteran of East Java visited the Constitutional Court (MK) on Tuesday, November 21, 2023. Around 200 students were welcomed by Expert assistant to the constitutional justice (ASLI) Titis Anindyajati in the Constitutional Court’s second hall.

In the presentation on “The Constitutional Court in the State System,” Titis said that the Constitutional Court is different from the Supreme Court. “In the Supreme Court, what are examined are regulations and legislation. Meanwhile, the Constitutional Court reviews laws against the Constitution. As a judicial institution in Indonesia, the Constitutional Court has the same position as other state institutions, where currently there is no longer high state institutions,” she said.

Furthermore, Titis also conveyed the authority of the Constitutional Court and how it carries out its duties and functions as mandated by the Constitution. The authority is to review laws against the Constitution, to decide disputes over the authority of state institutions whose authority is granted by the 1945 Constitution, to decide on the dissolution of political parties, and to decide disputes over the results of general elections. In addition, it is obliged to decide the opinion of the House of Representatives (DPR) regarding alleged violations by the president and/or vice president according to the Constitution.

“In addition, the Constitutional Court has an additional authority, which is to review government regulations in lieu of laws, as well as to hear disputes over the results of regional head elections,” she added.

Titis also explained the profile of constitutional justices in the Constitutional Court. She said that constitutional justices are appointed by three authorities. The executive (president), the judiciary (Supreme Court), and legislative (House of Representatives) each appointed three justices. Aside from meeting the requirements as a justice, according to the Constitutional Court Law, constitutional justices must be fair, non-discriminatory, and impartial.

“What is meant by fair, non-discriminatory, and impartial is independent from the institution that chooses it. They should not think or care about the institution that chooses them,” she said.

Internationally, said Titis, the Court was once the president of the Association of Asian Constitutional Courts and Equivalent Institutions (AACC). It is also a member of the World Conference on Constitutional Justice (WCCJ). In 2017, it was elected as one of the representatives in WCCJ, and in 2022 it hosted the WCCJ’s fifth congress in Bali. Meanwhile, in 2023, it hosted the International Chief Justice Forum (ICJF).

Before wrapping up her presentation, Titis said that the Constitutional Court is a modern judicial institution with an ICT-based work system. All employees perform more work electronically, from correspondence to electronic signatures. And the Constitutional Court also has video conferences at one university in each province.

“[The video conferencing facilities] are used so that hearings can be conducted remotely and cost-effectively. Where if there is a hearing from Papua or any distant area, there is no need to bring witnesses or experts to be presented on-site in the Constitutional Court,” she concluded.

Author       : B. Panji Erawan
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.

Tuesday, November 21, 2023 | 15:40 WIB 65
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