Former Chief Justice of the Constitutional Court (MK) for the 2013-2015 period, Hamdan Zoelva, spoke at the Constitution Webinar titled “The Dynamics of Constitutional Court Rulings and Their Impact on Public Trust”

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JAKARTA, MKRI PR - Former Chief Justice of the Constitutional Court (MK) for the 2013-2015 period, Hamdan Zoelva, spoke in a Constitution Webinar titled "The Dynamics of Constitutional Court Rulings and Their Impact on Public Trust" on Friday, September 13, 2024. The webinar was organized by the MK in collaboration with the Law Faculty of Halu Oleo University (FH UHO) and was attended by 66 members via video conference, representing various universities and Constitutional Villages across Indonesia.

In the webinar, moderated by Sahrina Safiuddin, a lecturer at FH UHO, Hamdan emphasized that Constitutional Court rulings, especially those concerning judicial reviews, have an *erga omnes* effect, meaning that once the MK issues a ruling, it applies to and binds all state organs—Parliament, the President, and all governmental institutions—as well as all citizens. Therefore, everyone must respect and comply with the MK’s rulings, which can be initiated by a single citizen's request.

"A single ruling on behalf of a citizen can have a tremendous impact, even affecting the President, Parliament, or any state institution," he explained.

Furthermore, Hamdan stressed that MK rulings come into effect immediately after they are pronounced. He explained that while there is a legal obligation to register the ruling in the State Gazette, this is merely a formal procedure for publication as stipulated by law, without affecting the enforceability of the ruling itself.

"For instance, even if an MK ruling has not been registered in the State Gazette, it is still effective. When the ruling is pronounced and the gavel is struck, the MK decision takes effect, even if registration in the State Gazette was forgotten. This is what is meant by an immediately effective ruling. If someone believes that an MK ruling requires further action, such as a change in the law by Parliament, the ruling would become powerless. If Parliament does not amend the law or create new norms after an MK ruling nullifies a provision, the ruling becomes ineffective. This view is not correct," explained Hamdan.

Hamdan also pointed out that MK rulings are *self-executing*, meaning they can be enforced directly without the need for additional execution procedures. "An MK ruling does not require additional measures such as seizure or enforcement by the police or military. MK rulings apply automatically once they are pronounced," he concluded.

The 2024 Constitution Webinar series was organized to promote a greater understanding of constitutional awareness. The webinars, which began in July and will continue until December 2024, are held in partnership with law faculties from various universities across Indonesia. The first webinar was hosted by Pancasakti University, Tegal, Central Java, and the final webinar will be held by the Law Faculty of Sebelas Maret University.

Author          : Utami Argawati
Editor           : N. Rosi
Translator     : Agusweka Poltak Siregar (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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