Constitution Webinar X organized by the Court and the Law Faculty of the University of Lampung (Unila) presenting Unila law professor Rudy Lukman as resource person and guided by Unila's Head of Constitutional Law, Yusdianto, as moderator, Friday (9/20/2024). Photo by MKRI.

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JAKARTA (MKRI) — The Constitutional Court (MK) collaborated with the Law Faculty of the University of Lampung (FH Unila) to organized the Constitution Webinar X on Friday, September 20, 2024 virtually. Unila law professor, Rudy Lukman, delivered a presentation on "Recognizing the Test Case of Constitutionality in Countries with Continental Europe and Anglo Saxon Traditions."

In the discussion  guided by Yusdiyanto (Unila's Head of Constitutional Law) as the moderator, Rudy mentioned that in the world of law there are two big concepts, namely, Civil Law or Continental Europe and Common Law or Anglo Saxon. In this case, Indonesia adheres to the Civil Law or Continental European tradition. This can be seen from the history and migration of constitutional institutions. In principle, Indonesia adopted the Continental European system, including the emergence or establishment of the Constitutional Court.

As a law student, continued Rudy, you must be familiar with the test case of constitutionality in the form of hard cases, for example regional head election cases which are very difficult and have an impact on people's lives, as well as soft cases in the form of legal cases which do not have serious implications for society. Moreover, you must also understand what is meant by judicial activism. In Indonesian judicial institutions, especially at the Constitutional Court, decisions involving judicial activism often occurred during the time of Constitutional Justice Mahfud MD.

"Therefore, it is important for legal scholars, legal experts and justices to understand these two things, because they are very vulnerable to happening in democratic life. So that we who have elected these people's representatives, must understand the essence of the test case of constitutionality, whether at the Constitutional Court or Supreme Court in order to guarantee the continuity of the constitutional rights of citizens and to create better designs for the figure of constitutionalism in Indonesia like other countries in the world such as "Japan, America and Germany," explained Rudy in a webinar attended by 300 online discussion participants.

To facilitate students' understanding of the application of the test case of constitutionality in national and state life, Rudy illustrated it from four countries, namely America, Germany, Japan and Indonesia. Basically, each country has its own formula that adapts to the lives and legal needs of its people. This also includes Indonesia through the Constitutional Court in legitimizing its decisions, which it is hoped will be more consistent in the future regarding the right to review the constitutionality of norms.

Author      : Sri Pujianti
Editor       : N. Rosi
Translator : Donny Yuniarto (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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