PAN Diskusi P.11 (Aktuaria)

Summary

The presentation focuses on the constitutional testing of laws in Indonesia, highlighting the role of the Constitutional Court (Mahkamah Konstitusi) in conducting judicial reviews. It emphasizes the importance of ensuring laws comply with the constitution to maintain legal integrity. The speakers discuss the historical context, the process for filing judicial reviews, and the consequences of laws that contradict the constitution. They provide examples of laws tested by the court, outlining the impact of failing to conduct judicial reviews. The conclusion stresses the need for careful lawmaking and increased public awareness regarding judicial review processes.

Takeaways

• 😀 The presentation emphasizes the importance of understanding constitutional testing of laws in Indonesia through the Constitutional Court (Mahkamah Konstitusi).
• 📜 Judicial review is defined as the power of judicial institutions to examine the legality and validity of laws enacted by the executive and legislative branches against the constitution.
• 🔍 The process of judicial review includes several steps: application submission, registration, scheduling hearings, preliminary examination, and final judgment.
• 👥 Individuals eligible to apply for judicial review include citizens, customary law communities, legal entities, and state institutions.
• 📅 Applications for judicial review must be submitted in writing, detailing the applicant's identity and the basis for the request, and are not subject to filing fees.
• ⚖️ The Constitutional Court’s jurisdiction is established under Article 24C of the 1945 Constitution of Indonesia, allowing it to conduct judicial reviews.
• 📊 Examples of laws that have undergone constitutional review include changes to Article 24C and Article 24A of the 1945 Constitution, which outline the court's authority.
• 📝 Decisions made by the Constitutional Court are binding and take effect immediately upon announcement in an open court session.
• 🚫 If laws contradict the Constitution and are not tested constitutionally, they may lead to ineffective governance and lack of enforcement power.
• 💡 The presentation concludes with recommendations for the government to carefully examine and revise laws to avoid public protests and dissatisfaction.

Q & A

What is the primary focus of the presentation?

The primary focus of the presentation is the judicial review of laws conducted by the Mahkamah Konstitusi (Constitutional Court) in Indonesia.

Who were the presenters in Group 6?

The presenters in Group 6 included Muhammad Farid Abdillah, Riska Rahmatul Awalia, Putri Aulia Nur, and Ratnamah Dermawan.

What is judicial review?

Judicial review is the power of the judiciary to examine the legality and validity of laws against the constitution, ensuring that legislative and executive actions comply with constitutional principles.

How did judicial review originate in the United States?

Judicial review originated in the United States with the landmark case of Marbury v. Madison in 1803, which established the principle that the Supreme Court could invalidate laws conflicting with the Constitution.

What is the role of the Mahkamah Konstitusi in Indonesia?

The Mahkamah Konstitusi, established under Article 24C of the 1945 Constitution, is responsible for adjudicating disputes over state authority and conducting judicial reviews of laws to ensure their constitutionality.

Who is eligible to file for judicial review in Indonesia?

Individuals (citizens of Indonesia), indigenous law communities, public legal entities, and state institutions are eligible to file for judicial review in Indonesia.

What are the steps involved in the judicial review application process?

The steps include submitting a written application, registering the application, scheduling a hearing, conducting a preliminary examination, holding a court hearing, and making a decision.

What happens if a law is found to contradict the constitution?

If a law is found to contradict the constitution and is not reviewed by the Mahkamah Konstitusi, it may become ineffective and lead to governance issues, as the court's decisions carry binding authority.

Can the public attend the court hearings for judicial reviews?

Yes, the court hearings for judicial reviews are open to the public, allowing transparency in the judicial process.

What recommendations did the presenter make regarding law-making?

The presenter recommended that the government should be more meticulous in creating or revising laws to prevent public protests and ensure that laws align with constitutional requirements.