Monday (8/5/2024). Photo by MKRI/Fauzan. Students of Law Faculty of Brawijaya University (FHUB) Malang visited the Constitutional Court (MK) and were warmly welcomed by Ananthia Ayu Devitasari, Expert Assistant of Constitutional Justice.

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JAKARTA (MKRI) — the Constitutional Court (MK) on Monday, August 5, 2024 expert assistant to constitutional justice (ASLI) Ananthia Ayu Devitasari in the delegation room of the Court’s main building. The purpose of the visit of the 27 students was to deepen their understanding of the judicial institutions in Indonesia. The visit was filled with interactive discussions and interesting presentations by the Expert Assistant.

In her presentation, Ayu talked about the history of the Constitutional Court. Ayu said that before Indonesia's independence, the center of legal power was in the Great Hall. Along with the development of the times and the demands for a more modern legal system, the idea of ​​an institution that specifically tries constitutional cases began to emerge. This concept was once initiated by M. Yamin who proposed the existence of a Great Hall that could test laws. However, this idea could not be realized at that time. After independence, the Supreme Court was formed as the highest judicial institution. However, the need for an institution that specifically tries constitutional cases continues to grow.

At its peak, after the amendment to the 1945 Constitution, the Constitutional Court was officially formed. Based on Article 24C paragraph (1) of the 1945 Constitution, the Court has a very strategic role in maintaining the supremacy of law and protecting the constitutional rights of citizens with its authority, namely testing laws against the 1945 Constitution, deciding disputes between state institutions, deciding disputes over general election results, and providing decisions on the opinion of the People's Representative Council (DPR) regarding alleged violations by the President and/or Vice President.

Along with the development of time and political dynamics, the authority of the Constitutional Court continues to grow. After Decision Number 85/PUU-XX/2022, the Constitutional Court now also has the authority to examine and decide on Regional Head Election Results Disputes (PHPKada), thus strengthening its position as the guardian of the constitution.

"We will face the largest simultaneous regional elections in history very soon. MK has been given the mandate to resolve disputes over the results of the regional elections," Ayu explained.

Ayu further explained that not everyone can be a party to a dispute over the results of a regional election. In a regional election dispute, the party that can file a petition is the candidate pair that received fewer votes.

“Previously, even candidate pairs who received more votes were able to petitioner, but now the Court limits it. Candidate pairs who received more votes can become related parties, the respondent is the provincial KPU/KIP or the local district/city KPU, unlike legislative disputes where the respondent is the Indonesian KPU. Bawaslu also plays a role as a provider of information in this process,” Ayu explained.

The Constitutional Court also has an authority of political parties dissolution in which the President represented by the Attorney General or an appointed minister is the petitioner. In addition, the Constitutional Court is required to decide on the opinion of the House of Representatives (DPR) regarding alleged constitutional violations committed by the President or Vice President.

In the Q&A session, Ayu answered and explained that establishing an organization is one of the constitutional rights of citizens that is highly protected. During the New Order, freedom of association was greatly suppressed, so it is important to protect this freedom, including in establishing political parties. Political parties are the embodiment of freedom of association, so they cannot be easily dissolved by just any party. Only the government represented by the Attorney General and/or Ministers assigned by the President has such authority.

 

Author         : Fauzan F.
Editor          : N. Rosi
Translator    : Sherly Octaviana Sari (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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