Topik 04 Teori Perundang-Undangan | Asas, Sumber dan Persidangan Hukum Acara Mahkamah Konstitusi

Summary

This video tutorial provides an in-depth overview of the Indonesian Constitutional Court (Mahkamah Konstitusi), its powers, and the legal procedures that guide its operations. It covers the two main sources of law – material and formal law – and explains the principles, or 'asas,' that ensure fair and transparent judicial processes. Topics like the stages of court hearings, including preliminary checks, trials, deliberations, and verdicts, are explored in detail. The tutorial also highlights key regulations and laws governing the court, aiming to educate viewers, especially students, on the judicial process in Indonesia's constitutional framework.

Takeaways

• 😀 The Constitutional Court (Mahkamah Konstitusi) is a state institution responsible for constitutional justice in Indonesia, safeguarding constitutional supremacy and citizens' rights.
• 😀 The Court's functions and procedures are outlined in the 1945 Constitution, and more detailed regulations are provided by the Law on the Constitutional Court (Law No. 24 of 2003).
• 😀 There are two main types of legal sources: material sources (substantive law, such as the Constitution and Pancasila) and formal sources (procedural law, governing how laws are enforced).
• 😀 The legal framework for the Constitutional Court includes laws and regulations governing the court's operations, including those for election disputes, political party dissolution, and presidential matters.
• 😀 The legal proceedings of the Constitutional Court must adhere to principles like transparency, independence, impartiality, and fairness.
• 😀 The Constitutional Court’s procedural law, also known as 'Hukum Acara,' governs the steps and methods for handling cases, including various stages such as preliminary examination and trial hearings.
• 😀 There are essential principles in the procedural law, including the 'Ius Curia Novit' principle, which mandates judges to handle cases even when the law is unclear.
• 😀 Court hearings are generally open to the public, except for some specific circumstances where closed hearings may occur, such as during deliberation sessions.
• 😀 The Court can also form panels of at least three judges for specific cases, and the full panel of nine judges can deliver a final verdict based on panel recommendations.
• 😀 Various internal regulations, such as the 2006 and 2014 Court Regulations, supplement the legal framework by providing more specific guidance on procedural matters like election disputes, party dissolution, and others.
• 😀 The stages of a case in the Constitutional Court include preliminary examination, trial hearings, judge deliberations, and the final reading of the decision in an open session.

Q & A

What is the role of the Constitutional Court in Indonesia?

The Constitutional Court in Indonesia is responsible for constitutional justice. It holds several powers to safeguard the supremacy of the constitution and protect the constitutional rights of citizens.

What are the two types of sources of law discussed in the script?

The two types of sources of law are material sources of law and formal sources of law. Material sources refer to the constitution and values believed to be true by the Indonesian people, while formal sources concern the legal provisions governing the application of law.

How are material and formal sources of law related to the functioning of the Constitutional Court?

Material sources of law, such as the constitution and Pancasila, influence the substance of decisions made by the Constitutional Court. Formal sources of law regulate the procedures and processes through which these decisions are implemented.

What is the purpose of the procedural law in the Constitutional Court?

The procedural law of the Constitutional Court governs how the Court exercises its powers and ensures the correct process is followed in constitutional matters. It includes the rules for trial procedures and how cases are processed in court.

What are some examples of procedural laws related to the Constitutional Court?

Examples include the Law on the Constitutional Court (Law No. 24/2003), the Law on Judicial Power (Law No. 48/2009), and various regulations on the procedures for specific types of cases, such as disputes over election results and the dissolution of political parties.

What are the key principles (or 'asas') of the Constitutional Court's procedural law?

The key principles include transparency (open trials), independence and impartiality of judges, quick and affordable trials, and the right to a fair hearing. These principles ensure the fair execution of constitutional justice.

What is the significance of 'Ius Curia Novit' in the context of the Constitutional Court?

'Ius Curia Novit' means that the court knows the law. It emphasizes that judges have a duty to investigate and adjudicate on cases, even when the law is not clear or there is no existing precedent.

What is the procedure for handling a case in the Constitutional Court?

A case in the Constitutional Court follows several stages: preliminary examination, trial examination, deliberation by judges, and the final ruling. These stages ensure that the case is examined thoroughly and transparently.

Why are some trials in the Constitutional Court conducted in private?

Certain trials, such as deliberations among judges, may be conducted in private to discuss confidential matters or sensitive issues. However, most proceedings are open to the public to maintain transparency.

How are decisions made in the Constitutional Court?

Decisions in the Constitutional Court are made based on deliberations among judges. The court holds plenary sessions and may also form smaller panels of judges to examine cases. After deliberation, a final decision is made and publicly announced in an open session.