Head of the Constitutional Court’s Public Relations and Protocol Bureau, Pan M. Faiz, welcomed a visit from students of Indonesia Jentera School of Law (STH Indonesia Jentera) in the Constitutional Court’s delegation room on Thursday morning (19/6/2025). Photo by MKRI/Panji

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JAKARTA, MKRI – A presentation titled "Constitutional Interpretation" served as the introductory material for a discussion during the visit of several students from the Indonesia Jentera School of Law to the Constitutional Court on Thursday (19/6/2025). The Head of the Court’s Public Relations and Protocol Bureau, Pan M. Faiz, accompanied by permanent lecturer of Jentera, Bivitri Susanti, invited participants to explore the urgency and definition of constitutional interpretation.

Quoting the views of Keith E. Whittington, it was explained that constitutional interpretation is one way to elaborate on the meanings embedded within the constitution. Meanwhile, Sir Anthony Mason emphasized that constitutional interpretation is not merely a process of aligning certain events, issues, or conditions with the constitutional text, but rather a search for answers to the question of how we perceive the constitution and the goals it seeks to achieve.

Faiz explained that constitutional interpretation serves as a mechanism to determine whether the constitution is being implemented properly in practice, in line with its intended meanings and objectives. He further stated that, formally, constitutional interpretation in Indonesia is carried out by the legislature as the law-making body. However, other actors such as academics, researchers, experts, lecturers, students, and members of the public may also engage in the interpretive process. In fact, differing interpretations are allowed and valid. It is in this context that the Constitutional Court plays its role as the final interpreter in resolving constitutional disagreements in society.

In countries that adhere to the constitutional model, the authority to interpret the constitution is given to the courts—either a constitutional court or a general court that also functions as a constitutional court. In such systems, the principle of judicial supremacy applies, meaning that interpretations made by the court carry binding legal force and are final.

Faiz also elaborated that several interpretive methods may be used when interpreting the constitution. Textual interpretation focuses on the ordinary meaning of the text. Historical interpretation refers to the context in which a constitutional provision was created and may include past practices relating to specific constitutional norms. Structural interpretation considers the overall design of the constitution, particularly the structure of power between branches of government and their relationship with the citizens.

He concluded by emphasizing that in conducting constitutional interpretation, it is important to first understand the underlying theories. Then, one must determine the subject and object of study, compile relevant Constitutional Court rulings, map the findings according to the chosen theoretical framework, and draw conclusions and insights based on the analysis.

Author       : Sri Pujianti.
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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