Definition, Functions and Authorities of the Constitutional Court of the Republic of Indonesia
Constitutional Court of the Republic of Indonesia
Definition, Functions and Authorities of the Constitutional Court of the Republic of Indonesia - The State of Indonesia is a state of law, every human right as a citizen is guaranteed by the State. And every citizen gets the same position before the law (equality before the law). Including individual or group rights before the law.
To guarantee the upholding of the constitution in Indonesia, in 2003 the Republic of Indonesia established a Constitutional Court which is located in the center of the country, namely Jakarta. MK judges consist of nine people. The history of the establishment of the Constitutional Court is based on the third amendment (amendment) to the 1945 Constitution.
Functions of the Constitutional CourtThe constitutional court has the function of overseeing (to guard) the constitution, so that it is implemented and respected by both the administration of the State and citizens.
Authority of the Indonesian Constitutional CourtArticle 24C paragraph (1) and paragraph (2) outlines the powers of the Constitutional Court as follows:
The Constitutional Court has the authority to adjudicate at the first and final levels whose decisions are final to review laws against the Constitution, decide on disputes over the authority of state institutions whose powers are granted by the constitution, decide on the dissolution of political parties and decide on disputes over election results. .
The constitutional court is obliged to give a decision based on the opinion of the House of Representatives regarding alleged violations by the President and/or Vice President according to the Constitution.
Special Authority of the Constitutional Court
Meanwhile, the authority of the Constitutional Court is specifically regulated in Article 10 of the Law on the Constitutional Court, detailing the following:
Examining Laws Against the 1945 Constitution of the Republic of Indonesia (1945 Constitution)
Deciding disputes over the authority of state institutions whose powers are granted by the 1945 Constitution
Decide the dissolution of political parties
Deciding disputes about election results
The Constitutional Court is obliged to give a decision on the opinion of the DPR that the President and/or Vice President are suspected of having violated the law on treason, corruption, bribery, other serious crimes, or disgraceful acts, and/or no longer fulfill the requirements as President and/or Deputy President as referred to in the 1945 Constitution.
Thus our article regarding the definition, function and authority of the Indonesian Constitutional Court , we hope that we will explore this further in another article from the editorial team of King Ilmu.
Mauruarar Siahan, Procedural Law of the Constitutional Court of the Republic of Indonesia, Jakarta: Sinar Graphic.