Junior Legal Analyst of the Constitutional Court, Aditya Yuniarti (center), received the study visit of students from the Law Studies Program and Governmental Science Program of Universitas Terbuka (UT) Bandung on Wednesday (06/18/2025). Photo: MKRI/Bay

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JAKARTA, MKRI – Students from the Law Studies Program and the Governmental Science Program of Universitas Terbuka (UT) Bandung undertook a study visit to the Court on Wednesday, (06/18/2025). The visit, which involved 82 students, was officially received by the Junior Legal Analyst of the Constitutional Court, Aditya Yuniarti.

In her presentation, Aditya explained that the Court is mandated to protect the constitutional rights of citizens through the authority vested in it. She elaborated that the Constitutional Court holds the authority to conduct judicial review against the 1945 Constitution of the Republic of Indonesia (UUD 1945), an authority previously not held by any judicial institution. Furthermore, the Court is empowered to adjudicate disputes over the authority of state institutions whose powers are granted by the 1945 Constitution. In the past, Indonesia lacked a judicial body competent to resolve inter-institutional disputes among state organs.

Reflecting on the past, where political parties could be dissolved without judicial proceedings, the constitutional reformers granted the Constitutional Court the authority to adjudicate the dissolution of political parties. Another competence of the Court is to settle disputes concerning the results of general elections, including presidential and vice-presidential elections, legislative elections, and regional head elections. The final competence of the Court is to decide on the opinion of the House of Representatives (DPR) regarding alleged constitutional violations by the President and/or Vice President. This authority was instituted based on historical experiences where presidents were dismissed without any judicial process.

"You may have heard about presidential impeachment, not only in Korea but it also happened in Indonesia during President Abdurrahman Wahid’s era. That impeachment was driven entirely by political motives, without any established procedures. This prompted many academics to argue that clear legal procedures must govern such actions," said Aditya.

Aditya further elaborated that the Court is composed of nine Constitutional Justices, with three appointed by the House of Representatives (DPR), three by the President, and three by the Supreme Court, reflecting the tripartite system of state powers. The Court is also supported by the Constitutional Court's Honorary Council (MKMK), which is responsible for upholding the integrity and ethical conduct of Constitutional Justices.

She also stated that, according to the legal principle ius curia novit (the court knows the law), the Constitutional Court is not permitted to refuse cases brought before it. Moreover, the Court upholds the principle of transparency, whereby all judicial proceedings are open to public scrutiny, except for the Justice Deliberation Meeting (RPH).

Aditya went on to explain that decisions of the Court are final and binding, and take immediate effect from the moment they are publicly pronounced in an open court. She added that the Court may, following societal developments and evolving legal theories, revise its stance on certain legal norms.

"It is not inconceivable that in the future we will conduct elections electronically," Aditya concluded.

Author         : Ilham W. M.

Editor           : N. Rosi

Transalator   : Nies Lindy 

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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