The Student Representative Body of the Faculty of Law, Padjadjaran University discussing the authority of the Court, procedural law at the Court, as well as developments in case resolution at the Court with Expert Assistant to Constitutional Justice, Bisariyadi. PR Photo/Fauzan

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JAKARTA, Public Relations of the Court – Around 25 students who are members of the Student Representative Body of the Faculty of Law, Padjadjaran University visited the Court (MK) on Monday (10/28/2024). They discussed the authority of the Court, procedural law at the Court, as well as developments in case resolution at the Court with Expert Assistant to  Constitutional Justice, Bisariyadi.

Bisariyadi explained that the Court has the authority to adjudicate at the first and final instance, the decision of which shall be final to conduct judicial review of laws against the Constitution, to decide upon disputes related to the authority of state institutions whose authorities are granted by the Constitution, to decide upon disputes related to the results of general elections, to decide cases of disputes regarding the results of the elections for governors, regents and mayors, to decide upon the dissolution of political parties; and being obliged to provide a decision on the opinion of the House of Representatives (DPR) that the President and/or Vice President has/have allegedly violated the law according to the Constitution. However, since its establishment in 2003, the Constitutional Court has never decided to disband a political party or impeach a president.

"Of the five, the last two I mentioned have never been decided at the Court, there has been no dissolution of political parties since 2003, nor has there been any impeachment," said Bisariyadi in the Delegation Room, Building 1 of the Court, Jakarta.

Bisariyadi said that the two authorities mentioned cannot be separated from past experience as a logical consequence of amendment in the system and constitutional structures developed in Indonesia. He also told about the impeachment of the fourth President Abdurrahman Wahid or known as Gus Dur in 2001. Gus Dur was democratically elected by the MPR with the majority of votes, but was ultimately impeached by the MPR.

According to Bisariyadi, impeachment cannot be carried out carelessly with a strong and clear legal basis, such as violating the law or other disgraceful acts. The legal basis for presidential impeachment is regulated in several articles in the 1945 Constitution, especially Article 7A and Article 7B. This article states that the president or vice president can be dismissed by the MPR at the suggestion of the DPR if they are proven to have committed a legal violation such as treason against the state, corruption, bribery, other serious crimes or disgraceful acts.

However, said Bisariyadi, these are the big concepts. The impeachment process is actually quite difficult to carry out because what actions can be declared treason against the state or disgraceful acts that require the president or vice president to be impeached. In a procedural context, the DPR is the first institution to initiate the impeachment process, therefore the DPR must provide details in proposing reasons for impeachment of the president and/or vice president.

Bisariyadi continued, of the five authorities above, the Court mostly decides on petitions for judicial review of laws or government regulations in lieu of laws (perppu) against the constitution or UUD. This is different from the Supreme Court which hears petition for judicial review of regulations under the law against the law.

The parties that can file petition for judicial review againsts the 1945 Constitution at the Court are divided into five, namely individual Indonesian citizens, customary law communities, public/private legal entities, and state institutions. A party who feels that their constitutional rights and/or authority as regulated in the 1945 Constitution have been harmed as a result of the enactment of a law can file a petition for judicial review to the Court as a petitioner.

After the discussion, the students also visited the Constitutional History Center (Puskon) which is located on the 5th and 6th Floors of Building 1 of the Court. At Puskon, they can see the history of the constitution in Indonesia and the history of the establishment of the Court in Indonesia with interesting and modern display appearences. Since its inauguration, Puskon MK has often received visits from various agencies and various groups of society. The Puskon MK is open to the public and all visitors who come are free of charge. (*)

 

Author            : Mimi Kartika
Editor             : Lulu Anjarsari P.
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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