Seventy students of the constitutional law study program of UIN Maulana Hasanuddin of Banten visiting the Court on a field trip, Tuesday (11/12/2024). Photo by MKRI/Ilham W.M.

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JAKARTA (MKRI)  – The Constitutional Court (MK) received a visit from students of the Constitutional Law Study Program at UIN Maulana Hasanuddin Banten on Tuesday (12/11/2024) in the Delegation Room of Building 1 of the Court. The visit was welcomed directly by Senior Legal Analyst of the Court, Syamsudin Noer. 

During the presentation session, Syamsudin Noer, familiarly known as Sam, explained the role of judicial power in Indonesia, which is exercised by the Supreme Court (MA) along with the courts under it, such as general courts, religious courts, military courts, and administrative courts, as well as by the Constitutional Court. “The Supreme Court and the courts under it are on the same level as the Constitutional Court,” Sam explained. 

Sam also reviewed the history of judicial review, which originated from the Supreme Court of the United States through the landmark case of *Marbury v. Madison* in 1803, when the U.S. Supreme Court under John Marshall first claimed the authority to annul laws that were contrary to the Constitution. This practice later evolved and became one of the core powers of the Constitutional Court in Indonesia, as introduced by Hans Kelsen in 1919. 

In Indonesian history, the idea of judicial review was first proposed by Muhammad Yamin during the BPUPKI sessions. However, due to several factors, including the concept of the supremacy of the People’s Consultative Assembly (MPR), this proposal was not adopted in the 1945 Constitution. It was only after the Reform Era that the need for a judicial review mechanism became more pressing, leading to its inclusion in Article 24C of the amended 1945 Constitution. The government and the House of Representatives (DPR) later agreed on Law Number 24 of 2003 concerning the Constitutional Court, making Indonesia the first country in the 21st century to establish such an institution. The Court’s founding date was set as August 13, 2003. 

Sam emphasized that the Constitutional Court has four main authorities: reviewing laws against the Constitution, resolving disputes over the authority of state institutions, dissolving political parties, and resolving election result disputes. Additionally, the Court has one constitutional obligation: to issue a ruling on the House of Representatives' opinion regarding alleged violations committed by the President or Vice President. 

He also reminded that the Constitutional Court functions as the final interpreter of the Constitution, playing a crucial role in upholding constitutional supremacy and the rule of law in Indonesia.

Author         : Utami Argawati
Editor          : Lulu Anjarsari P.
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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