Tugas dan Fungsi Mahkamah Konstitusi

Summary

This video explores the powers and obligations of Indonesia's Constitutional Court (Mahkamah Konstitusi). It highlights the Court's authority to adjudicate electoral disputes, dissolve political parties, and address presidential misconduct. The recruitment process for judges involves collaboration between the DPR, the president, and the Judicial Commission, ensuring a balanced selection. Additionally, the Court operates primarily with nine judges to facilitate decision-making, with rulings that are final and legally binding. By upholding the Constitution, the Court plays a crucial role in maintaining the integrity of Indonesia's governance.

Takeaways

• 😀 The Constitutional Court (Mahkamah Konstitusi) has the authority to eliminate eligibility thresholds for presidential and vice-presidential candidates.
• 😀 It resolves election disputes, exemplified by handling 123 petitions related to local election results in December 2020.
• 😀 The court adjudicates disputes regarding the authority of state institutions as defined by the constitution.
• 😀 It has the power to dissolve political parties, with the president being the only entity that can request this dissolution.
• 😀 The court must provide rulings on allegations of misconduct against the president or vice-president, as specified in the 1945 Constitution.
• 😀 The recruitment of Constitutional Court judges involves the House of Representatives, the President, and the Judicial Commission, each nominating three candidates.
• 😀 The maximum number of judges on the court is nine, with sessions typically held with all nine judges.
• 😀 In extraordinary situations, the court can operate with seven judges to avoid ties in decision-making.
• 😀 Decisions from the Constitutional Court are final and have immediate legal effect, with no further legal remedies available.
• 😀 Respecting the court's decisions is essential for upholding the constitution and the rule of law in Indonesia.

Q & A

What are the main powers of the Constitutional Court (Mahkamah Konstitusi) in Indonesia?

The Constitutional Court has the power to revoke presidential candidacy thresholds, resolve electoral disputes, adjudicate inter-institutional jurisdiction issues, dissolve political parties upon the president's request, and rule on allegations of violations by the president or vice president.

How does the Constitutional Court handle disputes arising from election results?

The Court is responsible for adjudicating disputes related to election results, having received numerous petitions regarding local election outcomes, such as 123 petitions in December 2020.

What role does the president play in the dissolution of political parties?

Only the president can request the Constitutional Court to dissolve political parties that are considered harmful to the state.

What is the maximum number of judges in the Constitutional Court, and how are they selected?

The maximum number of judges is nine, and they are selected through a collaborative process involving the President, the House of Representatives (DPR), and the Constitutional Court itself.

What happens during extraordinary circumstances regarding the number of judges present for a decision?

In extraordinary circumstances, decisions can be made with seven judges instead of the full nine, ensuring that the Court can still function effectively.

Why is it important for the Constitutional Court to have an odd number of judges?

An odd number of judges helps to prevent tie votes and ensures that decisions can be made by a majority, enhancing the decisiveness of the Court's rulings.

What is the nature of the decisions made by the Constitutional Court?

The decisions of the Constitutional Court are final and binding, meaning they carry legal force and cannot be appealed through other legal means.

How does the Constitutional Court contribute to upholding the Constitution in Indonesia?

By making binding decisions on constitutional matters, the Court helps ensure that laws are applied consistently and that governmental actions adhere to constitutional principles.

What are some violations that can lead to the Constitutional Court ruling against a president or vice president?

Violations include legal infractions, corruption, bribery, disgraceful conduct, or failing to meet the eligibility requirements set forth in the Indonesian Constitution.

What does the Constitutional Court's obligation to rule on allegations against the president or vice president imply about its role in governance?

This obligation highlights the Court's critical role in maintaining checks and balances within the government, ensuring accountability and integrity among the highest offices in the state.