The dual role of Mahkamah Konstitusi: A pillar of Indonesia‘s judicial power and guardian of the Constitution
The Indonesian Constitution (UUD 1945) lays the foundation for the country’s judicial power, with Article 24(2) stating that it is wielded by the Supreme Court and various lower courts, including the religiousts, and the Military Court. However, a unique institution also shares this responsibility – the Constitutional Court (Mahkamah Konstitusi). Established by the Constitution, this independent body plays a dual role in upholding the rule of law and protecting the supreme law of the land.
A Overview of the Constitutional Court’s Role
The Constitutional Court’s primary function is to ensure that laws do not contradict the Constitution. According to Article 24C(1) of the UUD 1945, and later reinforced by the Constitutional Court Law (UU 24/2003), the court has the authority to:
- Review Legislation: The court assesses the compatibility of existing laws and regulations with the Constitution.
- Resolve Inter-Branch Disputes: It arbitrates disputes regarding the powers and jurisdictions of state institutions, as defined by the UUD 1945.
- Oversee Political Party Dissolution: The court decides cases concerning the dissolution of political parties.
- Supervise Elections: The court resolves disputes arising from general election results.
Additionally, pursuant to Article 7(1)-(5) and Article 24C(2) of the UUD 1945, and further elaborated in the Constitutional Court Law, the court is obliged to:
Accountability of the President and Vice President
The Constitutional Court makes a binding decision on the House of Representatives’ (DPR) declaration that the President and/or Vice President have:
- Committed a crime or act of treason.
- Failed to meet theconstitutional requirements for the position.
- Engaged in actions causing harm to the state, whose consequences areleft unaddressed by the DPR and the government.
In essence, the Constitutional Court serves as a critical watchdog, safeguarding the Indonesian Constitution and ensuring the accountability of those in power. By doing so, it contributes significantly to the preservation of Indonesia’s democratic principles and the rule of law.
