MAQBA, 2018 - The Constitutional Court (MK) welcomed students of Madrasah Aliyah (Islamic senior high school) Asysyarifah Brumbung, Mranggen, Demak on Thursday afternoon (25/1/2018). Court researcher Mahrus Ali welcomed them at the Constitutional Court Hall.
"The Constitutional Court is the police of laws. The laws
must be in accordance with the Constitution. If there are laws that are not in
line with the Constitution, they are brought to the Constitutional Court to be
reviewed," Mahrus said to the students.
Mahrus
explained that the Constitutional Court’s duty is to interpret and explain to
the litigating parties whether the laws being reviewed are contrary to the
Constitution or not. "Judicial review petitions are registered to the
Constitutional Court, whether by a group of people, individuals, or parties,
who feel disadvantaged by certain laws," Mahrus said.
Mahrus
explained that the judicial review in the Constitutional Court is free of
charge. In addition, the judicial review can be carried out by the petitioner’s
legal counsel or by the petitioner without legal counsel. For example, once, a
security guard who felt disadvantaged by the enactment of the Manpower Law
litigated without legal counsel and his petition was granted by the
Court.
Mahrus then
explained the differences between the Supreme Court (MA) and the Constitutional
Court (MK). The tasks of the Supreme Court are more general than the
Constitutional Court, which has four authorities and one obligation. The
Constitutional Court\'s main authority is to review laws against the
Constitution. Next, the Constitutional Court has the authority to decide on
authority disputes between state institutions, the dissolution of political
parties, and election and regional elections disputes. "General and
regional elections disputes can be brought to the Constitutional Court should
any candidate pairs are not satisfied with the results of the general election
or regional election, to prove which candidate pairs win and lose," Mahrus
said.
Mahrus also
talked about the Constitutional Court’s website, which display minutes of the
hearings, resumes of petitions, decisions of the Constitutional Court, photos
of the court proceedings and non-court activities, as well as Court
publications. It also shows the profile of constitutional justices, which were
nominated by the House, the President, and the Supreme Court.
Legal Standing
In the
question and answer session, a student asked about the definition of the
petitioner’s legal standing. "Legal standing of petitioners is regulated
in the Constitutional Court Law. Anyone can submit petition for judicial review
to the Constitutional Court or petitions on the general and regional elections
disputes, as long as they meet the requirements. [They] do not have to be
accompanied by an attorney; [they] may come alone," Mahrus
explained.
Mahrus said
that the Constitutional Court’s Procedural Law is detailed and described in the
Constitutional Court Law. One of the important requirements for filing a
petition in the Court is the petitioner\'s constitutional loss, not in the
sense of material loss. The petitioner’s constitutional rights must be harmed
by the enactment of a law.
Another
student asked about the Court\'s decision regarding LGBT. Mahrus explained that
in principle the Court did not agree with LGBT practices. The substance of the
petition for judicial review of the Criminal Code Law concerns subjects that
can be convicted, acts that can be convicted, both the acts that violate the
law and the criminal sanctions. Those are under the authority of legislators.
"It is the House’s duty to provide criminal sanctions," said Mahrus.
(Nano Tresna Arfana/LA)
Translated by: Yuniar Widiastuti
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