Expert assistant to constitutional justice Muhammad Reza Winata welcoming students of Universitas Islam 45 Bekasi, Thursday (1/18/2024). Photo by MKRI/Fauzan.

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JAKARTA (MKRI) — Expert assistant to constitutional justice (ASLI) Muhammad Reza Winata welcomed students of Universitas Islam 45 Bekasi in the hall of the Constitutional Court’s (MK) second building on Thursday, January 18, 2024. He delivered a presentation on “The Constitutional Court’s Move Towards Modern and Trusted Judiciary.”

He first explained that the Court was formed in the Reform era. Its formation started during the BPUPKI (Investigating Committee for Preparatory Works for Independence) discussion where Mohamad Yamin proposed that a Supreme Court be established with the authority to review laws. The idea was rejected by Soepomo because there were not many qualified law graduates at that time. In addition, Indonesia implemented the separation of power, given the influence of the Dutch legal system. The idea resurfaced during the discussion of the third amendment to the Constitution.

“The Constitutional Court was formed in the Reform era through an amendment to the 1945 Constitution. In the New Order, many violations occurred, so the Constitutional Court was formed in Indonesia,” Reza said.

He also explained other types of authority of the Constitutional Court are to held judicial review of laws against the 1945 Constitution, to decide disputes over authority between state institutions whose authority is granted by the 1945 Constitution, to decide the dissolution of political parties, to decide disputes over election results and most recently, the Constitutional Court has additional authority to decide disputes over regional head election results (of governors, regents, and mayors).

Constitutional Court’s Procedural Laws

Next, he explained about a principle of the Constitutional Court’s procedural laws, that is, ius curia novit, which means that the Court should not refuse to examine, hear, and decide a case because it knows the law. It also applies the principle of open, public hearings which requires that all Constitutional Court proceedings can be followed by the public, so that justices can act more objectively.

“(The principle of) independence of the judiciary means that the judiciary should not be intervened by any institution or any interest, it should be fast, simple, and free of charge. With these principles, the judicial process in the Constitutional Court can be accessed by all levels of society,” he added.

Reza explained that the substance of a judicial review petition is categorized into two. First, material, i.e. the content of laws; second, formal, i.e. the lawmaking process. “In decision-making, the constitutional justices have the freedom to choose one or more interpretation methods,” he said.

Next, he explained that the use of technology in the Constitutional Court means submitting judicial review petition can be done online through its website. In addition, it can be done offline by coming to the Court on-site. “Cases or decisions can also be accessed through the mkri.id website, and hearings can be carried out online if there is distance or cost constraint,” he continued.

After the presentation, the students were invited to take a tour of the 5th and 6th floors of the Court’s main building to explore the Constitution History Center, with the help of middle-rank librarian Hanindyo. The center documents the dynamic history of the Constitution and Constitutional Court of Indonesia through information, art, and technology. It helps the students understand the values enshrined in the Constitution and its journey within the history of the nation.

Author       : Utami Argawati
Editor        : Lulu Anjarsari P.
Translator  : 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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