Ada Pertanyaan? Hubungi Kami 
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Ada Pertanyaan? Hubungi Kami Ali Salmande, Robert Sidauruk
Disiplin F. Manao, an appeal judge who is currently positioned at the Research and Development and Judicial Training Institution (Balitbang Diklat Kumdil) has suggested that the Constitutional Court (MK) be “merged” into the Supreme Court (MA) as one of its chambers.
“In fact, the Constitutional Court does is not a institution of democracies and civilized countries. Hence, the authorities of the MK should be transferred to the MA,” Mr. Manao said during a seminar held by the Indonesian Judges Association (IKAHI) in Jakarta last Thursday.
In response to this proposal, Jimly Asshiddiqie, a former MK Justice, asserts that the issue of the MK’s authority is no longer a contentious issue as its authority is directly mandated by 1945 Constitution.
“The notion of dissolving the MK and merging it into the MA is no longer relevant. In fact, most former communist countries that are currently undergoing transformations towards a democratic system have established a constitutional court,” explained Mr. Asshiddiqie.
Mr. Asshiddiqie admitted that the concept of a constitutional court differs between countries. He says that most countries that adopt the common law system do not have a specific court to undertake judicial reviews as this authority is commonly under jurisdiction of the supreme courts. This is in contrast to civil law countries, of which most have a constitutional court.
“Every common law country, except England, mandates judicial review petitions be heard before the supreme courts. This contrasts with civil law countries, where every such country, except the Netherlands, has a constitutional court,” explained Mr. Asshiddiqie.
Likewise, Arsyad Sanusi, a former MK judge, believes that the idea of putting the MK under one of the MA’s chambers is groundless. Mr. Sanusi contends that jurisdiction for judicial reviews is one of the authorities granted to the MK by the 1945 Constitution, the highest source of law in Indonesia.
“It’s in the 1945 Constitution and it’s mandated by the Constitution,” stated Mr. Arsyad.
(hot/kc)
Ali Salmande, Robert Sidauruk
Disiplin F. Manao, an appeal judge who is currently positioned at the Research and Development and Judicial Training Institution (Balitbang Diklat Kumdil) has suggested that the Constitutional Court (MK) be “merged” into the Supreme Court (MA) as one of its chambers.
“In fact, the Constitutional Court does is not a institution of democracies and civilized countries. Hence, the authorities of the MK should be transferred to the MA,” Mr. Manao said during a seminar held by the Indonesian Judges Association (IKAHI) in Jakarta last Thursday.
In response to this proposal, Jimly Asshiddiqie, a former MK Justice, asserts that the issue of the MK’s authority is no longer a contentious issue as its authority is directly mandated by 1945 Constitution.
“The notion of dissolving the MK and merging it into the MA is no longer relevant. In fact, most former communist countries that are currently undergoing transformations towards a democratic system have established a constitutional court,” explained Mr. Asshiddiqie.
Mr. Asshiddiqie admitted that the concept of a constitutional court differs between countries. He says that most countries that adopt the common law system do not have a specific court to undertake judicial reviews as this authority is commonly under jurisdiction of the supreme courts. This is in contrast to civil law countries, of which most have a constitutional court.
“Every common law country, except England, mandates judicial review petitions be heard before the supreme courts. This contrasts with civil law countries, where every such country, except the Netherlands, has a constitutional court,” explained Mr. Asshiddiqie.
Likewise, Arsyad Sanusi, a former MK judge, believes that the idea of putting the MK under one of the MA’s chambers is groundless. Mr. Sanusi contends that jurisdiction for judicial reviews is one of the authorities granted to the MK by the 1945 Constitution, the highest source of law in Indonesia.
“It’s in the 1945 Constitution and it’s mandated by the Constitution,” stated Mr. Arsyad.
(hot/kc)