Walalangi & Partners and Nishimura & Asahi Learn MK Roles in Indonesia State System

Constitutional Courts received Walalangi & Partners and Nishimura & Asahi Law Firms, Tuesday (1/30/2024). Photo by MKRI/Ilham W.M.

JAKARTA (MKRI) — The Head of Research, and Case Review and Library Management, Pan Mohammad Faiz, received delegations from Walalangi & Partners and Nishimura & Asahi in Meeting Room 10th Floor of the MK main building on Tuesday, January 30, 2024. Prisca Octavia, the representative of Jakarta-based Walalangi & Partners, and Nishimura & Asahi, the Japanese Law Firm, visited the MK to conduct a comparative study to broaden their knowledge about constitutional law. In addition, their firm also wanted to study MK's authorities, duties, and roles under the Indonesian state system. Aside from that, these legal consultants wished to acquire knowledge regarding MK's case-handling procedure related to administrative and legal aspects.

The visit was well received by Faiz, who delivered a presentation under the title of “The Constitutional Court in the Indonesian Administrative State System.” Starting the discussion, Faiz invited the guests to introduce the history of the Indonesian Constitution from the independence era in 1945. Then, Indonesia experienced several constitutional changes in 1949-1959, 1950-1959, 1959-1999, and 1999-2002. In short, Faiz explained that during the constitution amendment in 1999-2002, Indonesia amended its constitution (1945 Constitution) based on reform demands, including law enforcement for the citizens’ constitutional rights.

With regards to the Constitution cannot be separated from the international legal development regarding the establishment of the American and Austrian legal institutions, which inspired the development of Indonesia's legal framework later. Indonesia has developed and materialized the establishment of a judicial institution tasked with judicial review of legislation. During its development, Faiz added, the establishment of MK brought about its authorities, among others, judicial review, deciding on the disputes among state institutions authorities, deciding on the dissolution of political parties, deciding the election disputes, as well as impeachment of the President.

“This year, on 14 February 2024, we will elect President and legislative, and at the end of the year, in November or September, we will elect regional heads. It becomes a challenge for Indonesia to hold simultaneous elections”, Faiz mentioned.

In this occasion, Faiz explained consecutively and elaborately the nitty gritty of MK, starting from introducing the Constitutional Justices. These parties have the legal standing to submit applications to MK, both for the judicial review, election dispute case, and dissolution of political party, to the achievements MK since 2003 until recently in safeguarding the constitution and the constitutional rights of the citizens. In general, Faiz emphasized that MK, in its role, is not the sole interpreter of the constitution, but MK is the final interpreter of multi-interpretational laws.

Based on the presentation, during the focus but informal discussion, an interesting question came from the representative of Nishimura & Asahi, which questioned how MK prioritizes cases. Faiz replied that MK does not have time constraints during the judicial review because its legal administration formula is different and complex. It is because once a norm is being reviewed, the government and legislators will give their statements regarding the being questioned by the citizens that is deemed harmful to their constitutional rights. Meanwhile, during the election dispute cases, based on its legal requirement, MK has a limit to decide on the case within 30 days for cases related to presidential and legislative election disputes and 45 days for heads of regional election disputes. In short, Faiz explained, MK opens the opportunity to everyone who feels their constitutional rights are violated to bring the case to MK.

As information, Walalangi & Partners is a law firm that facilitates various legal counsel in banking, finance, corporation, real estate, industry, manufacturing, energy, restructuring, and bankruptcy. Meanwhile, Nishimura & Asahi is Japan's most prominent law firm, which also facilitates legal counsel for clients for various businesses and corporations in international and domestic.

Author       : Utami Argawati
Editor        : Lulu Anjarsari P.
Translator  : Rizky Kurnia Chaesario (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, January 30, 2024 | 15:03 WIB 44