Expert Assistant to Constitutional Justice, Abdul Ghoffar, explained the authority of the Court to lecturers and students from the Sharia and Law Faculty of UIN (State Islamic University) Sunan Ampel Surabaya during their study visit on Monday (9/23/2024). Photo by MKRI/Ilham W.M.

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JAKARTA (MKRI) — Expert Assistant to Constitutional Justice (ASLI) Abdul Ghoffar clarified misconceptions suggesting that Court decisions are subordinate to laws (UU). He emphasized that Court decisions rank above laws but beneath the Constitution. Ghoffar made this statement during a visit from lecturers and students of the Sharia and Law Faculty of UIN (State Islamic University) Sunan Ampel Surabaya on Monday, September 23, 2024.

"We have to believe that the Court decisions are slightly below the Constitution but above laws," Ghoffar stated in the Delegation bedroom on the 4th floor of the Main Building, Constitutional Court, Central Jakarta.

He highlighted that Indonesia's vibrant democracy must be balanced with the concept of nomocracy. As a guardian of democracy and nomocracy, the Constitutional Court requires continuous public support. Ghoffar explained that decisions grounded in normative principles should hold a higher position than democratic considerations.

"A living constitution must be understood as a manifestation of nomocracy," Ghoffar remarked.

Ghoffar acknowledged that the Court verdict often attracts both agreement and objection. However, he emphasized that the Constitutional Court serves as a channel for citizens seeking justice against laws enacted by the government and the House of Representatives (DPR) that are perceived as violating or restricting constitutional rights.

In his view, the Court offers citizens an alternative to directly express their aspirations without interference from political elites or government officials. "This institution must be safeguarded. As I mentioned, its decisions must be placed above laws, slightly beneath the Constitution," he added.

In addition to the discussion, UIN Sunan Ampel Surabaya Students also visited the Constitutional Court's Constitution History Center (Puskon), located on the fifth floor of the Main Building in Central Jakarta. Some students attended a hearing in the Constitutional Court's plenary courtroom.

Author              : Mimi Kartika
Editor               : Lulu Anjarsari P.
Translator        : Yuanna Sisilia (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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