Lembaga2 Negara dlm UUD 1945 Paska Amandemen

Summary

This transcript discusses the authority of Indonesia's Constitutional Court (Mahkamah Konstitusi) as outlined in Article 24C(1) of the 1945 Constitution. The Court has the power to conduct judicial reviews, resolve disputes between state institutions, dissolve political parties, rule on election results, and handle impeachment proceedings against the president and vice president. Additionally, the script highlights the processes involved in dissolving political parties and resolving state institution disputes, explaining that only institutions explicitly mentioned in the Constitution, such as the Supreme Court, Judicial Commission, and others, fall under the Court's jurisdiction.

Takeaways

• ⚖️ The Constitutional Court (Mahkamah Konstitusi) of Indonesia was established to exercise specific authorities.
• 📜 According to Article 24C, paragraph 1 of the 1945 Constitution, the Court has the authority to conduct judicial reviews of laws against the 1945 Constitution.
• 🛑 The Court has the power to resolve disputes over the authority of state institutions granted by the Constitution.
• 🚫 It can also decide on the dissolution of political parties.
• 🗳️ Another key authority is resolving disputes concerning general election results, including legislative and local elections (Pemilu Kada).
• 👨‍⚖️ The Court is tasked with ruling on allegations of legal violations by the President or Vice President, which can lead to impeachment.
• ⚠️ Regarding the dissolution of political parties, there are two processes: either through a legal violation claim starting in a district court or directly through the Constitutional Court.
• 🏛️ Disputes involving state institutions are only resolved by the Constitutional Court if the institutions are explicitly mentioned in the 1945 Constitution.
• 📊 Examples of such institutions include the Constitutional Court itself, the Judicial Commission, the Supreme Court, the Financial Audit Board (BPK), and the Regional Representatives Council (DPD).
• 🔄 The structure of state institutions has evolved, with some new bodies like the Judicial Commission and DPD emerging after constitutional amendments.

Q & A

What authority does the Constitutional Court of the Republic of Indonesia have under Article 24C, Paragraph 1 of the 1945 Constitution?

The Constitutional Court has the authority to conduct judicial review of laws against the 1945 Constitution, resolve disputes over authority among state institutions, dissolve political parties, and rule on election results.

What is the role of the Constitutional Court in resolving election disputes?

The Constitutional Court resolves disputes regarding election results, including legislative elections and local elections (Pemilu Kada).

How does the Constitutional Court handle cases related to impeachment of the President and Vice President?

The Court is required to issue a ruling on any allegations of legal violations by the President or Vice President based on the opinion of the DPR (People's Representative Council). This process is essentially an impeachment trial.

What are the two methods for dissolving a political party in Indonesia?

A political party can be dissolved either through a lawsuit for unlawful acts in district courts that may escalate to the Constitutional Court or directly through the Constitutional Court.

What types of state institutions fall under the authority disputes resolved by the Constitutional Court?

Only state institutions explicitly mentioned in the 1945 Constitution, such as the Constitutional Court, Judicial Commission, Supreme Court, Audit Board (BPK), Regional Representative Council (DPD), and presidential offices.

Why is there a limitation on the types of state institutions whose authority disputes can be resolved by the Constitutional Court?

There are specific limits to ensure that only disputes between institutions expressly mentioned in the 1945 Constitution are resolved by the Constitutional Court.

Which institutions mentioned in the 1945 Constitution were added after amendments?

The Judicial Commission and the Regional Representative Council (DPD) were added post-amendment, while the Supreme Advisory Council existed previously but no longer does.

Why must authority disputes between state institutions be specified in the Constitution?

This specification is required because, although many institutions exist, only those with explicitly defined roles in the Constitution fall under the jurisdiction of the Constitutional Court for authority disputes.

What is the Constitutional Court’s role in judicial review?

The Constitutional Court conducts judicial reviews to assess whether laws are in compliance with the 1945 Constitution of Indonesia.

How does the Constitutional Court’s authority support the rule of law in Indonesia?

By reviewing laws, resolving disputes, dissolving political parties, and handling election issues, the Court upholds the Constitution, ensuring that government actions align with constitutional principles.