Sejarah Mahkamah Konstitusi RI (I)

Summary

This transcript outlines the historical development of Indonesia's Constitutional Court (Mahkamah Konstitusi). It details the origin of the idea in the early 2000s, following political turmoil and the impeachment of President Abdurrahman Wahid. The need for a specialized court to address constitutional matters, including impeachment, judicial review, and electoral disputes, led to the creation of the Constitutional Court. The court's establishment was formalized in 2003, following constitutional amendments. The transcript emphasizes the institution's key functions and the challenges faced during its initial formation.

Takeaways

• 😀 The idea of establishing the Constitutional Court (Mahkamah Konstitusi) in Indonesia dates back to discussions in the MPR (People's Consultative Assembly) in 2001.
• 😀 The formation of the Constitutional Court was motivated by debates over the legitimacy and process of removing President Abdurrahman Wahid in 2001.
• 😀 The formation of the Constitutional Court aimed to address issues like presidential impeachment and to ensure a fair legal process in cases of presidential misconduct.
• 😀 Comparative studies of constitutional courts in other countries, particularly regarding impeachment and judicial review, influenced the structure of Indonesia's Constitutional Court.
• 😀 The Constitutional Court has several key functions, including judicial review, resolving constitutional disputes, and overseeing electoral disputes.
• 😀 Judicial review allows the Constitutional Court to assess whether laws violate the constitution, and it can annul laws or parts of them if they do.
• 😀 The Constitutional Court also resolves disputes between state institutions, such as conflicts between the parliament (DPR) and the regional representative council (DPD).
• 😀 Since 2003, the Constitutional Court has handled electoral disputes, including those related to legislative elections, presidential elections, and local elections (Pilkada).
• 😀 The Constitutional Court is the final authority on the dissolution of political parties in Indonesia, protecting the right to association.
• 😀 The Constitutional Court officially started functioning in 2003, but its legal foundation was established with the constitutional amendments in 2002, following the constitutional reform process.

Q & A

What led to the idea of forming the Constitutional Court in Indonesia?

The idea of forming the Constitutional Court emerged from debates in the People's Consultative Assembly (MPR) in 2001, following the impeachment of President Abdurrahman Wahid. The controversy over his removal without a legal process sparked discussions on the need for a court to handle presidential impeachment and related issues.

How did the debates about President Abdurrahman Wahid's removal influence the formation of the Constitutional Court?

The debates around Wahid's removal raised concerns about the legitimacy of the impeachment process. It led to discussions on whether there should be a legal framework to ensure that such actions, like the removal of a president, were conducted through legal and constitutional means, similar to impeachment processes in other countries.

What role did studies play in the formation of the Constitutional Court?

Studies conducted by experts helped guide the MPR in understanding how other countries' constitutional courts functioned. These studies emphasized the importance of judicial review and the need for a court to handle presidential impeachment, constitutional disputes, and other legal matters.

What key functions and responsibilities were assigned to the Constitutional Court after its formation?

The Constitutional Court was given several key functions, including handling presidential impeachment, judicial review of laws, resolving constitutional disputes between state institutions, adjudicating election result disputes, and overseeing the dissolution of political parties.

What is judicial review, and why is it important for the Constitutional Court?

Judicial review refers to the power of the Constitutional Court to assess the constitutionality of laws. This is crucial because it ensures that laws do not violate the 1945 Constitution of Indonesia, maintaining the supremacy of the constitution and protecting citizens' rights.

What was the situation regarding the Constitutional Court's authority before it was officially formed?

Before the Constitutional Court was officially formed in 2003, its functions were temporarily carried out by the Supreme Court (Mahkamah Agung), as stipulated in the transitional provisions of the 1945 Constitution's fourth amendment. The court's authority was already outlined, but its official establishment took place later.

How did the Constitutional Court's establishment impact the handling of legal cases in Indonesia?

Once the Constitutional Court was established in 2003, 14 pending cases that had been submitted to the Supreme Court were transferred to the newly formed Constitutional Court. This marked the beginning of the Court's role in adjudicating cases related to constitutional matters.

What were the first steps after the Constitutional Court was officially established?

After the Constitutional Court was officially established in August 2003, nine justices were selected, and one was chosen to serve as the chairperson. The Court was quickly tasked with hearing and resolving the 14 cases that had been transferred to it.

How does the Constitutional Court protect democratic processes in Indonesia?

The Constitutional Court ensures the protection of democratic processes by overseeing the fairness of elections, resolving election result disputes, and ensuring that laws and regulations align with the constitutional framework. It also plays a crucial role in maintaining checks and balances among the branches of government.

Why was the issue of political party dissolution included in the Constitutional Court's responsibilities?

The inclusion of political party dissolution under the Constitutional Court's jurisdiction was aimed at safeguarding the freedom of association. This ensures that political parties are not arbitrarily dissolved by the government, protecting citizens' right to organize and participate in political processes.