Kewenangan Mahkamah Konstitusi

Summary

The transcript discusses the powers of the Constitutional Court of Indonesia as outlined in Article 24C of the 1945 Constitution. Key authorities include judicial review of laws against the constitution, resolving disputes between state institutions, dissolving political parties, deciding election result disputes, and ruling on accusations of legal violations by the president or vice president. It also touches on the limitations of authority to institutions explicitly mentioned in the Constitution, such as the Constitutional Court, Judicial Commission, Supreme Court, and others, providing examples of the evolution of these institutions post-amendments.

Takeaways

• 📜 The Constitutional Court (Mahkamah Konstitusi) of Indonesia has specific authorities as outlined in Article 24C, Paragraph 1 of the 1945 Constitution.
• ⚖️ The first authority is to conduct judicial review of laws against the 1945 Constitution.
• 🏛️ The second authority is to resolve disputes concerning the authority of state institutions granted by the 1945 Constitution.
• 🚫 The third authority is to rule on the dissolution of political parties.
• 🗳️ The fourth authority is to resolve disputes regarding the results of general elections, including legislative and local elections.
• 👥 The Constitutional Court also has the responsibility to provide decisions on allegations of legal violations by the president or vice president, which could lead to impeachment.
• ⚠️ The process for dissolving a political party can occur either through legal actions in the district court or directly through the Constitutional Court.
• 🏢 Only state institutions explicitly mentioned in the 1945 Constitution can be involved in authority disputes before the Constitutional Court.
• 🏛️ Examples of institutions mentioned in the 1945 Constitution include the Constitutional Court, the Judicial Commission, the Supreme Court, the Audit Board (BPK), and the Regional Representative Council (DPD).
• 📜 After amendments to the 1945 Constitution, some institutions like the Judicial Commission and Regional Representative Council were added, while others, like the Supreme Advisory Council, were removed.

Q & A

What is the primary role of the Constitutional Court in Indonesia?

The primary role of the Constitutional Court is to conduct judicial review of laws against the 1945 Constitution of Indonesia.

What are the key powers granted to the Constitutional Court as outlined in Article 24C, Paragraph 1 of the 1945 Constitution?

The key powers include conducting judicial review of laws against the 1945 Constitution, resolving disputes between state institutions with powers granted by the Constitution, deciding on the dissolution of political parties, and settling disputes over election results.

What is the Constitutional Court's role in political party dissolution?

The Constitutional Court can rule on the dissolution of political parties. There are two methods: through a legal process involving a civil lawsuit or by directly addressing the case at the Constitutional Court.

How does the Constitutional Court handle disputes between state institutions?

The Court resolves disputes between state institutions whose powers are explicitly granted by the 1945 Constitution.

What additional responsibility does the Constitutional Court have concerning the President and Vice President?

The Constitutional Court has the responsibility to rule on allegations of legal violations by the President and Vice President, which may lead to impeachment proceedings.

What types of election disputes can the Constitutional Court resolve?

The Constitutional Court resolves disputes related to both legislative elections and regional head elections (Pemilu Kada).

Which state institutions are mentioned in the 1945 Constitution and subject to Constitutional Court jurisdiction?

Institutions such as the Constitutional Court itself, the Judicial Commission, the Supreme Court, the Audit Board (BPK), and the Regional Representative Council (DPD) are mentioned in the Constitution.

What is the significance of the Judicial Commission and Regional Representative Council being added after the constitutional amendment?

Before the constitutional amendments, the Judicial Commission and Regional Representative Council did not exist. After the amendments, these institutions were added to the Constitution, expanding the scope of the Constitutional Court's jurisdiction.

What is the role of the Constitutional Court in impeachment proceedings?

The Constitutional Court is responsible for issuing rulings on the opinions of the House of Representatives (DPR) regarding alleged legal violations by the President or Vice President, which could lead to impeachment.

Why is the Constitutional Court's authority limited to certain state institutions?

The Court’s jurisdiction is limited to resolving disputes involving state institutions whose powers are explicitly stated in the 1945 Constitution. This limitation ensures that only certain institutions fall under its authority.