NO. 163 - September 2020 - ISSN: 1829 7692 www.mkri.id

KONSTITUSIE-MAGAZINE Conventional Internet& Broadcasting

Number 163 • September 2020 i 5th and 6th Floor, Constitutional Court Building Jl. Medan Merdeka Barat No. 6 Jakarta Pusat ii Number 163 • September 2020 Nomor 163 • September 2020 Editorial Greetings DIRECTING BOARD: Anwar Usman • Aswanto • Arief Hidayat ession after trial continues at the Constitutional Court (MK). This includes Enny Nurbaningsih • Wahiduddin Adams lectures, seminars and public lectures from constitutional judges on various Suhartoyo • Manahan MP Sitompul Sactual and informative themes. Everything is done virtually, adjusted to the Saldi Isra • Daniel Yusmic Pancastaki Foekh Covid-19 pandemic that is still hitting. However, the positive side is accepted by the DIRECTOR: general public, academics, practitioners in the field of constitutional law despite M. Guntur Hamzah the pandemic. They are grateful for the frequent presence of constitutional judges online delivering various materials almost every week, so they can communicate EDITOR IN CHIEF: Heru Setiawan quickly and directly. The existence of strict Large-Scale Social Restrictions (PSBB) in Jakarta DEPUTY EDITOR-IN-CHIEF: Fajar Laksono Suroso means that the Court›s hearings may only be attended by the Panel of Judges and court officials. The Constitutional Court trial was held without the presence of the MANAGING EDITOR: litigant parties, they were only allowed to attend the trial virtually. Mutia Fria Darsini In this edition, KONSTITUSI Magazine Editor discusses the viral case in EDITORIAL SECRETARY: the community regarding the RCTI and iNews lawsuit regarding the Broadcasting Tiara Agustina Law. Is it true that the lawsuit of these two private television stations in EDITOR: Indonesia will affect the existence of content creators that are currently rife in Nur Rosihin Ana society? A more complete review can be found in the Main Report rubric . Not only Nano Tresna Arfana • Lulu Anjarsari P that, there are other interesting rubrics to read. REPORTER: Finally, we all pray that the Covid-19 pandemic that has hit Indonesia and Ilham Wiryadi • Sri Pujianti various countries will soon disappear. We hope that all activities in this country Yuniar Widiastuti return to normal and are conducive, including the activities carried out by the Panji Erawan Utami Argawati • Bayu Wicaksono Constitutional Court to run smoothly, safely and peacefully. Greetings of the Constitution! CONTRIBUTOR: Pan Mohamad Faiz Bisariyadi Luthfi Widagdo Eddyono Wilma Silalahi Paulus Rudy Calvin Sinaga Reza Fikri Febriansyah

INTERNATIONAL AFFAIRS Sri Handayani Immanuel Hutasoit Sherly Octaviana Wafda Afina

PHOTOGRAPHER: Gani • Ifa Dwi Septian VISUAL DESIGN: Rudi • Nur Budiman • Teguh COVER DESIGN: Herman To

DISTRIBUTION: Utami Argawati

EDITOR’S ADDRESS: Gedung Mahkamah Konstitusi Republik Indonesia Jl. Medan Merdeka Barat No. 6 Jakarta Pusat Telp. (021) 2352 9000 • Fax. 3520 177 Email: [email protected] Website: www.mkri.id

Number 163 • September 2020 1 4 MAIN REPORT QUESTIONING THE DIFFERENT LEGAL TREATMENT BETWEEN INTERNET- BASED CONTENT SERVICE WITH RADIO-TELEVISION

The development of the internet actually has an impact on the national broadcasting system. PT Rajawali Citra Televisi Indonesia (RCTI) and PT Visi Citra Mitra Mulia (iNews) argue that constitutional rights are violated by the existence of internet-based content services (Over-The-Top / OTT services). This is because television and radio are subject to the Broadcasting Law, but it does not apply to OTT. Both consider this to be discriminatory.

11 ACTION EDITORIAL GREETINGS 1 EDITORIAL 3

4TH AACC CONGRESS: THE SUPREMACY OF LAW, PERSONAL VALUES AND STATE EFFECTIVENESS

2 Number 163 • September 2020 EDITORIAL

VIRTUAL TRIAL, NO PROBLEM

he Covid-19 pandemic has significantly Court Regulation Number 18 of 2009 concerning Guidelines contributed to disrupting the justice system. In for Electronic Filling and Video Conference Examinations . many countries, courts have adopted the policy In any case, there is no problem related to of delaying trial proceedings. At the very least, the the legality of remote trials. Everything is in the corridor of trial will be held by prioritizing cases that are considered the Constitutional Court procedural law provisions. That T is why, the Court is confident in holding a virtual very important and urgent. The pandemic has ‘ forced ‘ the court to take strategic steps to launch a trial process. trial. For the Constitutional Court, this is actually part of This is also done by the Constitutional Court (MK). In the e-Court implementation that has long been aspiring mid-March, the Constitutional Court decided to postpone the to achieve. Currently, virtual trials are increasingly trial of all cases. However it was not long, less than two weeks, complementing the role of modern technology-based ie since March 17 until March 30, 2020. Kebij will it diiring court support in the Constitutional Court , such as a court with publications that MK services remain running by using recording system , online applications , case tracking , an online or web-based electronic official website www.mkri. e-Minutation, and other modern technology support. id . Understandably, the policy was taken solely to promote and With regard to all that, there are a number of protect the health, humanity and safety of all parties. things related to the smooth running of the virtual trial. First , Postponement of trial is understandable as a virtual trials imply a shift in the meaning of ‘ courtroom ‘ . It spontaneous and temporary option. It shouldn’t be too is no longer a physical space with the same size, interior long and too long . This is because the judiciary cannot lock and atmosphere as the Constitutional Court Courtroom, down , he hoped. Why? Besides no one knows how but rather includes a space with virtual bricks . However, long this pandemic situation will end, the virtual room remains the authority of delaying the trial for too long means NO. 163 - September 2020 - ISSN: 1829 7692 www.mkri.id the Panel of Judges. All activities inside that it will prolong the settlement of a KONSTITUSIE-MAGAZINE bertunduk the system the way and order case. Legal certainty and justice that and the rules of court. Everything must seekers of justice crave have come Conventional be enforced in order to maintain the too late. This is not in line with the Internet& spirit of the Constitutional Court trial. principles of a simple, fast, and free trial Broadcasting Second , there are concerns that which have been an important principle the virtual trial will make it difficult in MK trials. What’s more, there is a for the public to access the Court saying, ‘ justice delayed is justice denied ‘ . trial. Not! For the Constitutional Court, a On that basis, not wanting to linger, trial is a public event. The trial is a public the Constitutional Court held another event. Regardless, the public has the right to face-to-face trial at the Court’s Court know what happened in the courtroom. This Room. This time with the implementation is not a problem because the virtual side of of strict health protocols. In addition the Constitutional Court can be accessed to examining the body temperature of by the public through live streaming , both anyone who will enter the area of ​the on the MK page and through the Youtube Constitutional Court Building, wearing a channel: the Indonesian Constitutional Court. mask, wearing gloves, and providing hand Third , the viability of the virtual trial sanitizers , the Court also limits the number depends on an internet connection. From of Parties who are directly present in the courtroom. The the standpoint of the Panel of Judges who are in the Court’s other thing that is applied, the Court gave preference to Courtroom there are relatively no problems. But in the the Parties, whether to be had ir directly in the courtroom respective places of the Parties, internet signal may be a or through a virtual present. That too didn’t last long. problem. Although most areas in Indonesia are covered Following the announcement of the re-implementation by internet networks, it is undeniable that there are of the PSBB in DKI Jakarta in mid-September, a policy areas where the signal is still unstable. If it is unstable, was taken. The Court held a virtual trial. Parties who it is certain that the virtual trial will not be maximal, are alone are permitted to attend ‘ only ‘ virtually. No even fail. Presumably, this is a challenge. Not only longer allowed to be physically present in the Court’s for the Constitutional Court, but for all parties. Courtroom. For this reason, various supporting systems The three things above indicate that the Constitutional are needed for the smooth running of the virtual trial. Court and all its stakeholders must work together For the Constitutional Court, remote trials are nothing to take responsibility proportionally in their respective new. Since 2007, the Court has been practicing it. In 2007, positions. The virtual trial held by the Constitutional Court at the judicial review of Law Number 22 of 1997 concerning at this time, apart from being compatible with the Covid-19 Narcotics, the Constitutional Court heard the testimony of pandemic, seems very likely to continue after the pandemic, Expert Philip Alston, Lecturer in Law at New York University, which God willing, will end soon . Of course, with a more in a live trial from the United States. In 2008, Toby Daniel massive development and pentradisian. Especially in the Mendel, an expert on freedom of expression from Canada, digital era where technological progress will continue to who was presented as an expert by the Petitioner, delivered run fast. That way, the virtual trial can truly run effectively an expert statement directly from Canada. At that time, and efficiently, so that the aims and objectives are in the Court was in session for the Criminal Code review case. In line with the expectations of the Constitutional Court as 2009, the Constitutional Court enacted the Constitutional well as justice seekers. Greetings of the Constitution!

Number 163 • September 2020 3 MAIN REPORT QUESTIONING THE DIFFERENT LEGAL TREATMENT BETWEEN INTERNET-BASED CONTENT SERVICE WITH RADIO-TELEVISION

“ Regulation should not regulate the technology itself, but only the effects of technology use (laws and regulations do not only regulate technology, but also the impact of technology use). “ (Bert Jaap Koops, ICT Law expert at Tilbur g University in the Netherlands) The development of the internet actually has an impact on the national broadcasting system. PT Rajawali Citra Televisi Indonesia (RCTI) and PT Visi Citra Mitra Mulia (iNews) argue that constitutional rights are violated by the existence of internet-based content services (Over-The- Top / OTT services). This is because television and radio are subject to the Broadcasting Law, but it does not apply to OTT. Both consider this to be discriminatory.

ince the invention of the also brought about fundamental ( streaming media ) has grown internet in the 1980s, changes in other fields including rapidly. Until eventually led to Over- technology has developed telecommunications and TV. Now the-Top Services , or better known rapidly over the past voice, message and video content as the services Over -the-Top (OTT). three decades. Quoted have been reduced to bytes . Quoted from the Sfrom Internet World Statistic, Who would have thought the International Telecommunication internet users throughout 2020 development of the internet was Union (ITU / United Nations ICT amounted to 4.8 billion users of getting faster. On 5 September 1995, Organization) , the term OTT the world’s 7.7 billion population or for the first time the development of itself refers to applications and 62 percent. When viewed today, the the internet was used to broadcast services that can be accessed internet is now able to carry all the the first live radio network conducted via the internet provided by services needed to be sent to service by ESPN. At that time, the ESPN operator networks. Internet consumers via telecommunications broadcast a live stream ( live access services provided include networks. Almost all good services streaming ) between the Seattle social networks, search engines, including information, education and Mariners baseball game with the amateur video aggregation sites, entertainment, even transportation New York Yankees to slow ggan and others. OTT services recorded can now be accessed directly in ( subscriber ) worldwide. Since in internet network traffic , namely: the palm of your hand. P rowth then, the broadcasting media (1) Communication (Skype, Whatsapp,

4 Number 163 • September 2020 INTERNET dalam 1 MENIT

iMessage, Facetime); (2) Real-time the network (online / online ) from the cost per MB is lower for storage entertainment , such as Netflix , anywhere and anytime as long as and hosting. This competition Hulu, YouTube, Spotify); (3) Social there is an internet connection. is a problem in every country networks such as Facebook, The universality and that global OTT service providers Twitter, LinkedIn, Instagram); (4) development of the internet have entered, including Indonesia. places to download ( market causes conventional broadcast places for downloads ) such as media and local entities to Issue regulations Apple iTunes, Google Android compete with global OTT service In a consultation paper Marketplace, Amazon); (5) share providers ( OTT global players ). An belonging to TRAI (Indian data ( f ile sharing ), such as example of the phenomenal growth Telecommunication Authority BitTorrent, eDonkey, Gnutella; (6) of various e-commerce applications Agency) entitled “ Regulatory data storage media ( storage ) is an example of these OTT players Framework for Over-the-top (OTT) such as Dropbox, Google, Apple, directly competing and taking over services “ , a number of countries Microsoft, (7) video and computer the market share of local entities. In have experienced the ‘ invasion ‘ of games ( computer gaming ); and the media industry, OTT service global OTT services . TRAI said that (8) web browsing , such as HTTP, providers have a far more lucrative the only way that can be taken to WAP browsing. Currently , users can advantage because they can be overcome the ‘ rush ‘ of global OTT directly access these applications in accessed globally. Not only that,

Number 163 • September 2020 5 MAIN REPORT

English), while in Germany, the OTT COMPARISON OF POPULATION service providers must follow the AND INTERNET USERS IN THE WORLD rules set by the Bundesnetzagentur. D region Unia Total Population Number of Internet However, in a number of other Population Users countries there are even those that Afrika 1.340.598.447 566.138.772 prohibit the use of global OTT services. Like several countries in the Asia 4.294.516.659 2.525.033.874 Middle East that prohibit the entry of Eropa 834.995.197 727.848.547 Skype. Then, China banned the use of Facebook, Google, LINE and Kakao Amerika Latin/Karibia 654.287.232 467.817.332 Talk (belonging to South Korea) and Timur Tengah 260.991.690 184.856.813 Whatsapp for communication service Amerika Utara 368.869.647 332.908.868 applications. Quoted by Reuters , The Cyberspace Administration of Oceania/Australia 42.690.838 28.917.600 China (CAC) men gatakan, mobile Sumber: www.internetworldstats.com application providers must meet six requirements to help crack down on unscrupulous usage. The Chinese government argues that tough restrictions are needed to ensure security in the face of increasing threats, such as terrorism. How about Indonesia?

OTT services in Indonesia The problem regarding OTT services has actually surfaced in Indonesia since 2016. At that time, the Directorate General of Taxes (DGT) of the Ministry of Finance estimated that Google Asia Pacific Pte Ltd (Google) had a tax bill of more than US $ 400 million or the equivalent of Rp5.2 trillion for 2015. Recently in November 2017, Google paid in full its tax obligations which consisted of Value Added Tax (VAT) and Income Tax (PPh). services is that countries need to simplest approaches to its regulatory After the issue , the Ministry issue regulations that can protect framework, namely by expanding of Communications and Information local entities in accordance with the definition of “ electronic was finally issued Circular No. 3 the developments in OTT that are communication services “ . Europe of 2016 related Application Service happening. includes OTT services as part Provision and / or Content Through In the United States , the of the definition of electronic Internet ( Over The Top ) (SE No. European Union and Japan, communication services for which 3/2016) as a legal basis OTT they prefer neutrality by the application is adjusted. Such services. Existence of SE No. 3/2016 allowing transparency and non- OTT service providers in the UK must is considered insufficient to regulate discrimination for global OTT service comply with the rules set by OFCOM the development of OTT services in providers. Europe adopts one of the (Authority ‘s Telecommunication Indonesia which are increasingly widespread among the community.

6 Number 163 • September 2020 The development of this OTT media to be received simultaneously. Article 1 point 2 of the Broadcasting service has ultimately disturbed and simultaneously by the public Law or not, it has resulted in the broadcasting world in with broadcast receiving devices ” . broadcasting using the internet such Indonesia. Conventional broadcasting In the inaugural session which as OTT services not being bound operators (television and radio) feel took place on June 22, 2020 ago, by Broadcasting Law, ” said Imam different legal treatment because the Petitioner argues that the Nasef, one of the Petitioners for Case OTT services are not bound by provisions of Article 1 paragraph Number 39 / PUU-XVIII / 2020. Law Number 32 of 2002 concerning 2 of the Broadcasting Act has Since the broadcasting Broadcasting (Broadcasting caused losses for the Petitioners operation using the internet is not Law). Two television broadcast constitutional because it led to tied to the Broadcasting Law as organizers, namely PT Rajawali Citra a different pelakukan ( un equal a guideline for broadcasting in Televisi Indonesia (R CTI) and PT Visi treatment ). The different treatment Indonesia, the Petitioners considered Citra Mitra Mulia (iNews) took this occurs between the Petitioners as this to have implications for the matter to the Constitutional Court conventional broadcasting operators existence of various kinds of (MK) by requesting a review of Article using radio frequency spectrum and differentiation in treatment. As 1 point 2 of the Broadcasting Law. broadcasting operators using the a guideline for broadcasting, the Article 1 point 2 of internet such as Over The Top (OTT) Broadcasting Law regulates at the Broadcasting Law services in carrying out broadcasting least 6 (six) matters as follows: states, “ Broadcasting is the activity activities. (i) principles, objectives, functions of broadcasting broadcasts by means « Because there is no legal and direction of broadcasting of broadcasting and / or means of certainty that broadcasting using in Indonesia; (ii) broadcasting transmission on land, at sea or in the internet such as OTT a quo operations requirements; (iii) space by using a radio frequency service is included in the definition licensing for broadcasting spectrum by air, cable, and / or other of broadcasting as regulated in operations; (iv) guidelines

LAYANAN OTT

TV DAN VIDEO MUSIK KOMUNITAS

PRODUKTIVITAS TEKNOLOGI KOMUNIKASI Sumber: ottsource.com

Number 163 • September 2020 7 MAIN REPORT HUMAS MK/IFA

Imam Nasef, one of the petitioners’ attorneys, explained the main point of his petition in the inaugural trial for the review of Law Number 32 of 2002 concerning Broadcasting, Monday (22/6 ) in the Court Room. Public Relations / Ifa Photo.

regarding broadcast content and the internet has given birth to those included in the language; (v) broadcast code various digital platforms known content / video on demand / of conduct; and no less important as OTT services . OTT services that streaming category, basically also is (vi) supervision of broadcasting have output in the form of image, carry out broadcasting activities, operations. audio, video and / or a combination so they should be included in According to the Petitioners, of them all or that are included in the broadcasting regime. It’s the difference in treatment occurs the content / video on demand / just that the difference with because the six things above only streaming category (in the Circular conventional broadcasting activities apply to conventional broadcasting of the Minister of Communication lies in the broadcasting method operators such as the Petitioner and Information Technology Number used. In conventional broadcasting and do not apply to broadcasting 3/2016, it is stated as Content activities used are broadcasting operators using the internet such Services Through the Internet) . All using radio frequency spectra , as OTT services . This distinction services are actually categorized while in OTT services used has implications for the absence as “ broadcast “ ap abila refers to are broadcasting using the internet. of a “ level playing field “ in the definition of broadcasting set For this reason, in their petitum, broadcasting, which in the end is out in Article 1 paragraph 1 of the the Petitioner asked the Panel of very detrimental to the Petitioners Broadcasting Act, “ Broadcast is Judges to declare Article 1 Number as conventional broadcasting a message or series of messages 2 of the Broadcasting Law contrary organizers both materially and in the form of sounds, images, or to the 1945 Constitution. Not only immaturely. sounds and images or the form of that, the Petitioner requested that The Petitioners argue that graphics, characters, either that is the article be declared to have no there is diversification of internet- interactive and walkin k, which can legally binding force conditionally as based broadcasting with the be received through the broadcast long as it is not interpreted “... and phenomenon of the emergence receiving device “ . / or (ii) activities to disseminate or of OTT services that are not Thus, according to the stream broadcasts using the internet legally certain in the Broadcasting Petitioners, various kinds to be accepted by the public in Law. The rapid development of of OTT services, especially accordance with requests and /

8 Number 163 • September 2020 or needs with broadcast receiving makes the settings regarding OTT Commission (KPI) which is an equipment ” . services quite complex. independent state institution, So that Article 1 Number 2 “ Currently, Indonesia cannot be an auxiliary body , as a form of of the Broadcasting Law reads in accommodated in just one rule. So community participation, “ Ahmad full, “ Broadcasting is (i) broadcasting that the implementation of the OTT explained. activities by means of broadcasting service arrangement refers to the and / or means of transmission laws and regulations according to Not a Broadcasting Entity on land, at sea or in space using the type of service it provides, “ said A similar thing was argued 12 radio frequency spectrum by Director General of Post and by the DPR which stated that the air, cable, and / or other media Information Administration Ahmad OTT entity was not a broadcast to be received simultaneously and Ramli representing the Government. operator. Member of Commission simultaneously by the public with In contrast to the Petitioners, III of the DPR Habiburokhman broadcast receiving devices; and / or Ahmad said that the Petitioners were explained that OTT entities cannot be (ii) activities to disseminate or stream included as broadcast organizers free classified as broadcasting providers broadcasts using the internet to be to air in the Broadcasting Law, whose because they do not meet the accepted by the public in accordance regulations were arranged through requirements regarding the legal with requests and / or needs with a strict and detailed public legal form of broadcasting institutions, broadcast receiving equipment ” . approach . The a quo provision also licensing and monitoring of regulates broadcast operations which broadcast content as regulated in The complexity of OTT must be carried out based on a the Broadcasting Law. Not only that, Responding to the request, broadcasting operation license or he revealed that in fact, OTT service the Government in a session held known as IPP and the use of radio providers use the radio frequency on August 26, 2020, described frequency spectrum or ISR to be spectrum outside of the broadcasting OTT services as having their own utilized in an effort to carry out frequency spectrum to carry out their complexities consisting of various broadcasting. activities in the form of delivering types in the telecommunications “ And the content of the free data in the form of images, sound, industry, such as applications, to air broadcast must be supervised or video content. service providers, and others. This by the Indonesian Broadcasting HUMAS MK/IFA

Director General of Post and Information Administration of the Ministry of Communication and Information, Ahmad M. Ramli, gave a virtual statement during the trial for the review of Law Number 32 of 2002 concerning Broadcasting, Wednesday (26/8) in the Court Room. Public Relations / Ifa Photo.

Number 163 • September 2020 9 MAIN REPORT

“ Apart from problems related with Article 28C paragraph (1) and as part of broadcasting. If this to the use of frequencies by OTT Article 28F of the 1945 Constitution. is the Petitioner’s objective , it is entities that are not in accordance Therefore, the Petitioners’ petition for necessary to adjust further rules with broadcasting frequency, other redefinition Article 1 point 2 of the in the Broadcasting Law. However, problems which also prove that Broadcasting Law is closely related to the adjustment of these rules is the the activities carried out by OTT the interests of Related Parties. This authority of the legislators. entities are not included in the is because the Related Party carries “ Therefore, the Related Party scope of the provisions of article a out activities using internet facilities invites the Petitioners to jointly quo of the Broadcasting Law is in streaming services , namely propose regulations on accreditation that one of the broadcast domain on the www.buruhonline.tv page services and / or content via the requirements is not fulfilled, namely or through the content provider internet, the Government, and acceptance. by simultaneously application on Youtube on the Buruh the DPR. This is in line with or concurrently, « explained Online TV channel. the enactment of the Draft Law Habiburokhman in a hearing that “ Third, if the Petitioners’ on Amendments to the Broadcasting took place on 14 September 2020. Petition is granted, then the Law in the 2020-2024 National constitutional rights of the Related Legislation Program, which is now Law Establishment Authority Party will be affected or at least will being discussed by Commission I Also present at the hearing have an effect because the Related of the House of Representatives, were representatives of labor online. Parties also take advantage of the starting from 29 June 2 020, “ said tv as a Related Party represented internet in presenting programs, Imam Gozali as attorney other online by Viktor Santoso Tandiasa. In topics, and employment content workers. his statement, Viktor conveyed needed by millions of workers in So, what will the end of this RCTI that the Related Party was given a Indonesia, “ explained Viktor. and iNews application journey? Let constitutional right to benefit from In addition, the us wait for the upcoming MK trial. science and technology in order to Related Party considers the LULU ANJARSARI convey information through all types Petitioners ‘ petition wishing to add of channels available in accordance broadcasts using internet channels

Plenary Session Listening to the testimony of the DPR and Related Parties in a virtual trial of the Case Review of the Broadcasting Law, Monday (14/9) in the Plenary Meeting Room of the Constitutional Court Building. Public Relations Photo / Gani.

10 Number 163 • September 2020 AKSI HUMAS MK/GANIE

The Head of the Public Relations Bureau of the MKRI Heru Setiawan, a representative from the MKRI as the Permanent Secretariat for Planning and Coordination, conveyed the development of the AACC work program in Jakarta, Public Relations Photo / Gani. 4TH AACC CONGRESS: THE SUPREMACY OF LAW, PERSONAL VALUES AND STATE EFFECTIVENESS

lthough many countries Meeting of Secretary General (MSG) Afghanistan, Azerbaijan, Kazakhstan, in the world was in a period Although the international Kyrgyzstan, South Korea, Malaysia, of pandemic Covid-19, community during the pandemic Mongolia, Myanmar, Tajikistan, Thailand, did not dampen the spirit Covid-19, did not dampen the spirit of Turkey, Uzbekistan, Maldives, Pakistan, of a number of judicial a number of judicial institutions in Asia Russia, Indonesia and Uzbekistan. At the Ainstitutions in Asia that are members that are members of the Association meeting chaired by Secretary General of the Association of the Constitutional of the Constitutional Court and similar of DK Kazakhstan Bakyt Nurmuk hano, Court and similar institutions in Asia institutions in Asia (Association of Asian various issues were discussed, including ( Association of Asian Constitutional Constitutional Court and Equivalent the AACC Permanent Secretariat report Court and Equivalent Institutions/ AACC) Institutions/ AACC) for AACC Congress from MKRI, MK Turkey, and MK South to hold a series of 4th AACC Congress. held a series of to-4 which begins with Korea. On this occasion, Kazakhstan hosted the Meeting of the Secretary General The Head of the Public Relations the congress which was attended by 17 and the Board of Members Meeting Bureau of the MKRI Heru Setiawan, participating countries through networks through a network of 17 participating as the representative of the MKRI from their respective countries. Activity countries on Wednesday (26/8/2020). as the Permanent Secretariat for in i held over two days, Wednesday- This activity was held online Planning and Coordination, delivered Thursday (26-27 / 8/2020) as a form of (online/online) by the Constitutional the progress of the AACC work program contribution of the Constitutional Court Council of the Republic of Kazakhstan in Jakarta. Heru reported that the Jakarta in Asia for strengthening democratic as the President of the AACC for the Planning and Coordination Sectap had values, rule of law, and protection of 2019-2021 Period and the host. In four main work programs carried out human rights d‘s freedom in the region this activity it was held Meeting of in the 2019 to the first semester of Asia and beyond. Secretary General” which was attended 2020. First, the Jakarta Sektap has by AACC member countries, namely developed the official AACC website at

Number 163 • September 2020 11 ACTION

the address www.aacc-asia.org, which to carry out a Covid-19 awareness countries. This feature was made aims to be the AACC information center campaign. Among other things, the with the aim of being a more specific as an association. and its member making of Joint Statements from all means of exchanging information countries, equipped with information AACC members, videos of Covid-19 between AACC member countries developments, such as the activities awareness support from the heads of in providing an overview of AACC’s of all AACC members and the loading the Constitutional Court or similar AACC routine activities. At the end of 2019 of monumental decisions from AACC member countries, and policy actions until the first semester of 2020, Heru member countries. determined by each AACC member continued, there had been an addition It was further conveyed, that in country regarding the Covid-19 situation of 3 countries in the list of candidate 2019 one username and password was which was disseminated throughout countries for AACC members to be given to each AACC member country world through laman aacc-asia.org,“ provided with information regarding the to be able to access and update the explained Heru who delivered the proposals for AACC membership offers, Constitutional Court of each member report accompanied by the Director of namely Bangladesh, Nepal, and Jordan. country, including to post monumental Law and Political and Security Treaties From the offer, the Supreme Court of decisions from each member country of the Indonesian Ministry of Foreign Bangladesh submitted his application to as a form of information exchange Affairs Purnomo Ahmad Chandra and join the AACC membership. At the end in development of the quality of the MK Intermediate Researcher Pan M. Faiz of the submission of the report, Heru decisions of each member country. in the Constitutional Court Delegation described the implementation of work Heru said that the MKRI had learned Room. programs that have also been carried that several countries had actively Next, Sektap Jakarta has added an out by the Jakarta Sectap, including a participated in improving the page. Internal Menu feature on the AACC page more intensive approach adapted to the However, the extraordinary which can only be accessed by AACC state of the Covid-19 pandemic with occurrence of the Covid-19 pandemic member countries using the password countries that have expressed interest that has plagued many countries in the and login that have been given to the in AACC so that the number of AACC world, makes AACC as an independent liaison officer of each AACC member. member countries has increased. association must participate in It contains more in-depth information protecting human rights so that they about the AACC congress, the Board Board of Members Meeting (BoMM) can live without being overwhelmed by of Members Meeting (BoMM), the After being elected as the fear of this Covid-19 pandemic. For Meeting of Secretaries General (MSG), President of the Association of Asian this reason, we have taken the initiative and various agendas from all member Constitutional Court Se and similar

Chairman of the Constitutional Court Anwar Usman along with Deputy Chief Justice of the Constitutional Court Aswanto, and Constitutional Justice Arief Hidayat, accompanied by Secretary General of the Constitutional Court M. Guntur Hamzah and Director of Law and Political Treaties and Security of the Indonesian Ministry of Foreign Affairs Purnomo Ahmad Chandra to participate in the AACC Congress activities IV which was held by the Constitutional Council of Kazakhstan, Wednesday (26/8) in Room Lt. 11 The Constitutional Court Building. Public Relations Photo / Gani.

12 Number 163 • September 2020 HUMAS MK/GANIE Chief Justice of the Constitutional Court Anwar Usman along with Deputy Chief Justice of the Constitutional Court Aswanto and Constitutional Justice Arief Hidayat when delivering a virtual presentation at the AACC IV Congress activities held by the Constitutional Council of Kazakhstan, Thursday (27/8) in Room Lt. 11 The Constitutional Court Building. Public Relations Photo / Gani.

institutions ( Association of Asian the suggestion of the Chief Justice of Turkey Prof. Zuhtu Arslan , because Constitutional Courts and Equivalent of the Constitutional Court Anwar of the development of the current AACC Institutions / AACC) in the period Usman in a virtual discussion on members, the term used in the name of 2019 - 2021, the Constitutional the existence of a proposal from this organization can still accommodate Council of Kazakhstan held «Board Pakistan to adjust the name of the the addition of new members due to of Members Meeting ” online (online AA CC organization with the increasing the differences in the names that exist / online ). The agenda discussed number of members of the organization in the constitutional judiciary which included amendments to the statute, who joined, which had different terms are different from one another, “ said discussions on member participation for in naming the constitutional judiciary Arief as a judge who has served as a the 5th AACC Congress, and cooperation of the country concerned. In addition, judge. President of the AACC for three with the Euroasia constitutional review Anwar also expressed his pleasure consecutive years. body association . At this meeting, at Bangladesh›s desire to join as the Furthermore, at this representatives of the Constitutional 19th AACC member. «For Bangladesh virtual meeting, the organization Court of the Republic of Indonesia (MKRI) membership, we are happy to accept was also discussing the form of were represented by the Chief Justice our brothers from Bangladesh, ” said international cooperation, including of the Constitutional Court Anwar Anwar. cooperation with the association Usman, Deputy Chief Justice of the Meanwhile, Constitutional Justice of Euroasia constitutional review Constitutional Court Aswanto, and Arief Hidayat in his opinion does bodies. Previously, it was known that Constitutional Justice Arief Hidayat, not need to change the name of in 2017 a memorandum had been accompanied by the Secretary General the organization. Agreeing with Turkey, made which was signed with Africa. For of the Constitutional Court M. Guntur Arief considered that the name AACC this cooperation, various activities and Hamzah and the Director of Law and was not only known in Asian MK, visits have been carried out in the Political Treaties and Security of the but also at the world level. Arief country concerned. In 2020, AACC is Ministry of Foreign Affairs. Negeri emphasized that the name of this again expanding its cooperation with Indonesia Purnomo Ahmad Chandra. organization has been recognized by MK European level associations. However, The AACC organization name associations in the member countries the pandemic resulted in postponement does not need to be changed and of the Constitutional Court in the world of meetings to negotiate and discuss still uses the name that has been and its existence has been recognized directly with the nine member countries made through a long process by at the world level. « I agree with of this related organization. the organization›s pioneer. That was the President of the Constitutional Court

Number 163 • September 2020 13 ACTION

4th AACC Congress: XXI Century Simultaneous, the election would be with a subject entitled»The Role of Constitution carried out while still paying attention The Constitutional Control Body in President of the Constitutional to health protocols. So that there will Ensuring Rule of Law: Practice of the Council of Kazakhstan Kairat Mami be many adjustments in each stage of Constitutional Chamber of The Supreme opened the congress directly in its implementation. One of the efforts Court Of The Kyrgyz Republic. “ network (online / online ) from Nur- of the Constitutional Court to continue In the second session, the theme Sultan, Kazakstan, on Thursday to provide easy access for the public of Protection of Constitutional Human (27/8/2020). With the theme «The XXI to reach justice in the 2020 Pilkada Rights and Democratic Values in the Century Constitution - The Supremacy is by optimally utilizing technology, Digital Transformation Era. “The speakers of Law, Personal Values, and State information and communication. MKRI presented the material, including the Effectiveness “ , Chairman of the has built, owned, and provided ICT- Royal Thai Court Judge Got Udchachon Constitutional Court of the Republic based applications and services, both with a presentation entitled»Constitution of Indonesia Anwar Usman in the first for case handling support and general and the Rule of Law: Challenges and session of the panel discussion had administration support. Ways of Solutions”; Maldivian MA the opportunity to present a paper «Therefore, the expected conduct Judge Azmirlda Zahir with the subject entitled»Guarding the Democracy in of the trial to completion and case entitled»The Protection ofConsti tutional the Midst of Covid-19 Pandemic. “ In handling P i lkada Unison 2020 can Human Rights and Democratic Values the virtual presentation, Anwar be implemented most efficiently in the Digital Transformation Era”; said that the fulfillment of people’s and smoothly without a significant The President of the Constitutional democratic rights is an obligation for obstacle, “ sam pie Anwar in activity Court of Armenia Ashot Khachatryan the state to implement it. However, moderated by the President of the with the material entitled The the Covid-19 pandemic also gave Constitutional Council of Kazakhstan Constitutional Justice and the Problems birth to the responsibility of the state Kairat Mami of Nur-Sultan , Kazakhstan. of Epidemiological Crisis Influence to protect the health rights of its At this congress, a panel discussion Upon the Constitutional Doctrine of citizens. This, continued Anwar, is part was held which consisted of three The Fundamental Rights of Citizens”; of the constitutional rights of citizens discussion sessions with different Judge of the Constitutional Court of the which must be fulfilled and guaranteed themes. In the first session, the theme Republic of Latvia Art ū rs Ku č s with by the constitution. J ika-19 Covid was «Constitution and the Rule of Law: a presentation entitled»The Influence of pandemic condition are faced with Challenges and Ways of Solutions ” with The Constitution and the Constitutinal the implementation of local elections several presenters, such as Victor Court of Latvia Upon the Development (elections) simultaneously in 2020, this Mali novskiy who is a member of the of the Rule Of Law and Fundamental has become a problem that is quite a Constitutional Council of the Republic Rights”; Malaysian Supreme Court dilemma. of Kazakhstan with a discussion Federation Judge Dato ‘ Abang Iskandar «Whereas on the one hand, entitled»Constitutionalism of Salvation: Abang Hashim with the language the state is obliged to fulfill the To Soften the Contradictions Between entitled»Protecting Constitutional constitutional rights of citizens in Person, Society and State ” ; President of Human Rights and Democratic Values ​​ democracy, but on the other hand the the Constitutional Court of the Republic of in the Era of Digital Transformation-the state is also faced with conditions Korea Namseok Yoo with a presentation Experience of Malaysia ” ; President to implement health protocols, so as entitled «Constitution а l Court of Korea of the Constitutional Court of not to spread and spread Covid-19 and the Rule of Law ” ; Chairman of the Germany Lars Brocker with a in society. So, the implementation of Constitutional Court of the Republic of presentation entitled»Protection of health protocols is part of the fulfillment Azerbaijan Farhad Abdullayev with a Constitutional Human Rights and of public health rights, which are in presentation entitled»Some Aspects of Democratic Values ​​During the accordance with the mandate of the the Constitutional Justice Administration Coronavirus Pandemic: Jurisdiction of constitution, “ said Anwar who appeared in the Period of Pandemic ” ; Chairman The Federal Constitutional Court of virtual, accompanied by Deputy Chief of the Constitutional Court of Ukraine Germany in “Coronavirus” Cases“; and the Justice of the Constitutional Court Oleksandr Tupytskyi with a discussion representative of the Constitutional Court Aswanto and Constitutional Justice entitled»Modern Challenges to the of Kazakhstan, Marat Sarsembayev, Arief Hidayat in the Constitutional Court Human Rights and Freedoms: General with a discussion entitled»Constitution Delegation Room. European and Ukrainian Aspects “ and of the Republic of Kazakhstan and Furthermore, Anwar said Chairman of the Supreme Court of Protection of Human Rights in the that at the upcoming 2020 Pilkada the Kyrgyz Republic Karybek Duisheev Format of the Electronic Government. “

14 Number 163 • September 2020 Meanwhile, at the third session Sekrretaris General MK M ü Cahit Ayd the first virtual congress held by AACC. themes raised Constitutional Principles ı n with a presentation entitled»Constit At the closing of this series of Modernization of a Modern and ional Principles of Modernization of the of activities, the Chairman of the Efficient state, “ d ith speakers, including Modern and Efficient State. “ Constitutional Court of the Republic the President of the Constitutional of Indonesia Anwar Usman expressed Myanmar Myo Nyunt with a presentation Appreciation of the Success of the his highest appreciation to the Congress President of the AACC, Kairat Mami entitled Challenges and the Ways of Within two days a discussion for the implementation of the 4th Solution: Myanmar Experience ” ; Judge was held to identify the challenges AACC Congress which went smoothly of the Constitutional Court Momgolia presented by the Covid-19 and successfully. Even though the Chinbat Namjil with the material pandemic. The participants in this activities were carried out in the midst entitled»The Constitution of Mongolia discussion activity have generated of the challenges of the Covid-19 st in 21 century ” ; The Constitutional ideas that the state’s efforts must be pandemic. «We appreciate every Court of the Republic of Tajikistan realized in protecting human health discussion that occurs, both in the Karim Karimzoda with a discussion and constitutional values. This was said Secretary General’s meeting, the Board entitled «The Constitutionalism and by the Chairman of the Constitutional of Members Meeting , and the AACC Democratization of the Socio-Political Council of the Republic of Kazakhstan, Congress, ” said Anwar who was Life of the Republic of Tajikistan ” ; The Kairat Mami, officially at the closing present at the closing night of the event Supreme Court Judge of the Republic of the 4th AACC Congress online from together with Deputy Chief Justice of of Pakistan Syed Mansoor Ali Shah Nur-Sultan, Kazakhstan, on Thursday the Constitutional Court Aswanto and with the material entitled»Pandemic (27/8/2020) evening. Constitutional Justice Arief Hidayat. and the Dispensation of Justice - «I hereby declare that this forum Pakistan‘s Perspective” ; Secretary In addition, the Indonesian is over and participants are expected to Constitutional Court in particular General of the Constitutional Court of attend virtually to attend the closing also expressed gratitude for the full the Russian Federation Vladimir Sivitsky concert of this activity through a on the subject entitled»Improving video prepared by the Kazakstan support of AACC for Indonesia to the Organization and Functioning of Committee. Of course this will complete host the 5th WCCJ (World Conference Public Power in Russia: Constitutional our series of activities and as a concrete on Constitutional Justice) Congress Changes in 2020.“ ; Regional Director GIZ form that must be faced together that in 2022. Anwar believes that this Jöerg Pudelka, with a presentation Kazakhstan has not been able to host will reinforce AACC›s commitment entitled»Implementation of the Principle the activities directly. May all of us to upholding law, democracy and of the Rule of Law in the Field of always be in good health. See you at the human rights in a wider forum. ( Sri Administrative Law; “And closed with next activity, ” said Kairat Mami ending Pujianti / Lulu Anjarsari ) the exposure of the Turkish Republic SRI PUJIANTI/LULU ANJARSARI

The Chief Justice of the Constitutional Court Anwar Usman expressed his appreciation to the President of the AACC at the virtual 4th AACC Congress, Thursday (27/8) in Room Lt. 11 The Constitutional Court Building. Public Relations Photo / Gani.

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Deputy Chief Justice of the Constitutional Court (MK) Aswanto when he was a resource person « The Party School for Candidates for Regional Heads and Deputy Regional Heads PUBLIC LECTURE WITH of Cadres of the Indonesian Democratic Party of Struggle in Simultaneous Regional Elections in 2020 ” Saturday (29/8) in CONSTITUTIONAL JUSTICES Jakarta. Public Relations Photo / Gani.

s a judicial institution that in elections at the polling station Procedure Law and Safety Results Vote plays a role in safeguarding level. This was conveyed by Deputy on Election Governor, Regents, Mayors the ideology and constitution Chief Justice of the Constitutional in Unison 2020 “ . of the state, the Constitutional Court (MK) Aswanto when he was a Aswanto emphasized, if the ACourt must take an active role in resource person « The Party School parties, including the Petitioner, wanted educating and enhancing the for Candidates for Regional Heads and to secure votes, the original C1 form constitutional understanding of every Deputy Regional Heads of Cadres of must be kept and signed by an official citizen. During the end of August to mid- the Indonesian Democratic Party of official. Because the original C1 which September 2020, the Constitutional Struggle at Simultaneous Regional will later be assessed by the Court Court, through nine constitutional Leadership in 2020 ” . This event is related to the correctness of the judges who are the pillars of justice was held online by the Indonesian calculation made by the KPU. « So, ladies enforcement, continue to share Democratic Party of Struggle (PDI and gentlemen, must have the C1 form knowledge, experiences, and mutual Perjuangan) on Saturday (29/8/2020) which has the power of proof issued by understanding of students and legal afternoon. a competent party, in this case there professional organizations at general Aswanto further stated that the are 5 officers at the KPPS. This is what lectures that are held in a network Constitutional Court would examine can be used as a tool to defend votes (online / online ). all documents of the parties in the and secure votes, « Aswanto explained case of the election results. «However, to candidates for governor, regent and Safeguarding Pilkada Votes the documents we examined are the mayor, PDI members. Security for regional head election documents which form the basis for Struggle and the general public ballots (pilkada) must start from the maintaining sound by the parties, by who participated in this event virtually. polling station (TPS) to the district and the applicant or the Related Parties who NANO TRESNA ARFANA/NUR R provincial election committees. The do have the strength of evidence, “ said role of witnesses is very decisive Aswanto serving mat eri»Settlement

16 Number 163 • September 2020 Constitutional Justice Arief Hidayat at the National Working Meeting (Rakernas) held by the National Student Movement Alumni Association (PAGMNI) on Saturday PLENARY IDEOLOGY (29/8/2020). Photo: Public Relations / Ifa .

ancasila is a perfect of previous fighters but a proxy war . 20th century, he continued, there was ideology. That was the So that we are confused with what is also the power and power of the mass opening line which was right and wrong. For that, let›s together media that could influence government uttered by Constitutional we make Pancasila as the working policy and shape public opinion more PJustice Arief Hidayat at the National ideology , “ spoke Arief in a seminar in broadly against the policies initiated Working Meeting (Rakernas) held by the network (online / online ) are also by the government. Next, at the end the National Student Movement Alumni filled by the speaker as Vice Chairman of the 20th century and entering the Association (PAGMNI) on Saturday of the Constitutional Committee Ahmad beginning of the 21st century, the power (29/8/2020). This activity that was held Basarah who is also chairman of the of non-governmental organizations virtually had the theme «The Position of DPP PAGMNI. (NGOs) also emerged which was able to GMNI Alumni in Facing the Challenges of More concretely, Arief explained influence state policies that were decided the Pancasila Ideology Amid the Threat that in the trias politica system, the by the existing powers . Therefore, of Transnational Ideology. “ executive, legislative and judiciary Arief invited Rakernas participants Arief as one of the speakers bodies exercise the power of the to be able to dominate netizens by invited the participants of the National state. However, as the life of state forming influencers by filling virtual Working Meeting to reflect carefully on governance develops, there are additional public spaces with content on FB, the current condition of the Indonesian strengths such as the power of the state IG, and various other internet-based nation. According to him, the war civil apparatus which can also influence social media platforms with Pancasila facing the Indonesian nation today is the policies taken by the power holders values. not a physical war like the struggles in the Indonesian state. Entering the SRI PUJIANTI/LULU ANJARSARI

Number 163 • September 2020 17 ACTION

VARIOUS PROFESSIONALS FOR THE FIELD OF LAW

onstitutional Justice Saldi Isra FH Unand. In short, Saldi was accepted graduates have the potential to work gave motivation to students as a student at the Faculty of Law in hospitals in the administrative who had just taken the Faculty Unand. Saldi did not expect that in the or legal department . But never a medical of Law, Andalas University (FH first semester of college he would get a graduate can become a judge. So CUnand). Saldi’s important message is GPA of 3.71. In the second semester, he judges, prosecutors, advocates can also a learning place for all law faculty obtained a GPA of 4.00 as the highest only be filled with law graduates. Law students at any campus. Including score in lectures. Long story short, graduates are needed by companies for those who will later enter and work in Saldi completed his S-1 program. After the legal profession , ” explained Saldi. the legal field. This was conveyed by that he took the S-2 program at More Saldi message to the Saldi when he was a guest speaker in the University of Mall aya Kuala Lumpur law students to be more active in a public lecture held by FH Unand on Malaysia in 2001 and S-3 at Gadjah lectures and should be more widely Friday (4/9/2020) virtually. Mada University in 2009. read textbooks, se avg tidah only At the beginning of the Saldi added, the employment rely on information from the presentation, Saldi shared his opportunities for law faculty alumni are college course . U ntuk be law students experience when he graduated from wider than other faculties. «If you can and law graduates are successful, Saldi high school majoring in physics. Then study well, rest assured that the space also advised that the students have to he took the ITB entrance test but did for law faculty alumni is much wider in get used to writing well now and raise not pass and was finally accepted at the field of work than other faculties. Law the n ability to speak well in public. (NANO TRESNA ARFANA/NUR R.)

Constitutional Justice Saldi Isra became the resource person for a public lecture held by the Faculty of Law, University of Andalas (FH Unand) virtually, Friday (3/9) at the Constitutional Court Building. Public Relations Photo / Gani.

18 Number 163 • September 2020 Chief Justice of the Constitutional Court (MK) Anwar Usman was a resource person in the Special Education and Training for THE FUNCTION AND AUTHORITY Advocate Professions (DKPA) XIV organized by the DPD Indonesian Advocate Congress (KAI) West Java and the Faculty of Law, Pasundan University on Saturday (5/9/2020 OF THE CONSTITUTIONAL COURT ) in Bandung, West Java. Photo: Public Relations / KAI .

hief Justice of the Constitutional Constitution as the legal basis for the power, which adjudicates certain cases Court (MK) Anwar Usman formation of the Supreme Court and under its authority under the provisions was a resource person the Constitutional Court as actors of of the 1945 Constitution . in the XIV Special Training legal power in Indonesia. Article 24 In this activity, Anwar shared Cfor Advocate Profession (DKPA) held paragraph (2) of the 1945 Constitution his experiences as a figure in the by the West Java Indonesian Advocates states,»Judicial authority shall be by legal world. He advised prospective Congress (KAI) and the Faculty of Law, a Supreme Court and judicial bodies advocates to always enforce the law Pasundan University on Saturday underneath it in the public courts, honestly, fairly, and with a sense of (5/9/2020) in Bandung, West Java. In religious courts, military courts, responsibility. « Because it is not only the activity, which was attended by 110 Peradi lan state administration, and to humans but that responsibility prospective advocates, Anwar conveyed by a Constitutional Court “ . Based must also be accounted to to Allah the functions and authorities of the on these provisions, he continued, SWT. Because the truth cannot be Constitutional Court. the Constitutional Court is one of the silenced, there are no stories so far In the material entitled «Judicial actors of judicial power besides the that crime or injustice has defeated Review in the Constitutional Court ” , Supreme Court. Judicial power is an truth, defeated justice. When the Anwar conveyed about the perpetrators independent power to administer justice truth comes , all falsehood will be of judicial power as stated in the 1945 in order to uphold law and justice. Thus, destroyed, « said Anwar. Constitution, especially Article 24. He the Constitutional Court is a judicial (HENDY P./LULU ANJARSARI) mentioned Article 24 of the 1945 institution, as a branch of the judicial

Number 163 • September 2020 19 ACTION

FOLLOW-UP BAWASLU’S RECOMMENDATIONS

he role of general election to Aswanto, election organizers have institution began to get independent in administrators (elections) in made firm and clear regulations. conducting supervision. realizing regional head elections Regarding the role of Bawaslu, «In connection with this role, (pilkada) for the welfare of Aswanto acknowledged that this Bawaslu actually plays a major role in Tthe people is to implement norms institution was an evolving institution. At providing recommendations that the KPU properly so that the elected leaders the beginning of the existence of must follow up on. If not implemented, are in accordance with the conscience Bawaslu prior to the existence of the KPU could be criminalized. This and beliefs of the people. This was the election administration law , the means that the regulation on the said by the Deputy Chairperson of activities carried out by Bawaslu were implementation of Bawaslu gas tuition, the Constitutional Court Aswanto in subject to the regional government whether in the province or district the Webinar of Progressive Lecturers regime (Pemda). So that in the past / city is already very good because of the State Islamic University (UIN) it was called the Election Supervisory Law 10/2016 has given authority Alauddin Makassar with the Makassar Committee (Panwas) who was elected by to Bawaslu. Forced power Bawaslu City General Election Supervisory the Regency / City DPR members. Many recommendation was actually strong, Agency (Bawaslu Makassar) which was things have not been done optimally only to be slow, “ clearly Aswanto held on Saturday (5/9/2020). because institutions cannot escape from in an event that also dihad envy In activities themed «Pemilukada: the competing powers in the region K o missionary Bawaslu Makassar Contestation between Idealism and concerned. Then to get away from the City Abdillah Mustari and Professor of Pragmatism ” Aswanto further political elites who were contesting UIN Alauddin Makassar Rashid Masri elaborated on the rules of organizing at the regional level, the election through Zoom Meeting. general elections ( pemilu). According management law was born. So that this (SRI PUJIANTI/NUR R.)

Deputy Chief Justice of the Constitutional Court Aswanto was the guest speaker for the Progressive Lecturer Webinar of the State Islamic University of Alauddin Makassar together with the Makassar City General Election Supervisory Board, on Saturday (5/9) in Jakarta. Public Relations / Ifa Photo.

20 Number 163 • September 2020 Constitutional Justice Arief Hidayat, who was the resource person for a webinar organized by the Pancasila Ideology SOCIAL MEDIA IS A NEW POWER Development Agency, on Tuesday (8/9) at the Constitutional Court Building. Public IN THE CURRENT ERA Relations / Ifa Photo.

he presence of civil Affirmation of Standardized Manuscripts now social media has become a new society through the existence of PIP Material for Regional State force or as an influencer, ” said Arief of mass organizations, Civil Regulations « organized by the who wrote a paper entitled «Netizens including Non Government Pancasila Ideology Development Agency and Social Media are the New Arsenal TOrganizations (NGOs) or non- (BPIP), on Tuesday (8/9/2020) morning. of Pancasila Values in​​ the Present Era ” . governmental organizations (NGOs) in Arief continued, as an On this occasion, Arief also turn reduces the authority of the three interest group, civil society tried to conveyed a message to BPIP to fill branches of state power. Just like the influence state policy without trying content on social media in a creative, press, civil society performs a control to control government management interesting way, not only serving function over the government. “ Non- directly. So far, the press and civil society consumption for adults, but also for government organizations or non- have helped oversee the administration children according to their level. «We fill governmental organizations appear as and management of the country. Both virtual public spaces with narratives and a pressure group that greatly influences play a role as a means of control for content that explain the ideology and the policies taken by the executive, the state and government. Dikatak an the basis of the Pancasila state, “ said legislative and judiciary bodies, “ said Arief, if the community had been tied Arief. Constitutional Justice Arief Hidayat by citizenship as a citizen, now in NANO TRESNA ARFANA/LULU ANJARSARI who was a resource person Panel social media because of advances in Discussion in the Webinar Rap at information technology. « I said that

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The elder of the Constitutional Court Anwar Usman was a guest speaker in a webinar held by the Islamic Faculty of IAIN Kudus, THE FINAL GUARD OF THE Thursday (10/9) at the Constitutional Court CONSTITUTION Building. Public Relations / Ifa Photo.

he authority of the Constitutional Indonesia became the 78th country to decisions issued by the existing judiciary, Court (MK) as stipulated in the form a constitutional judicial authority namely that cassation and review of 1945 Constitution is very in the world. “The establishment of cases submitted to the institution appropriate with the role of the Constitutional Court in Indonesia is can be reviewed. Whereas in the Tthe Constitutional Court as the final inseparable from the provisions of Constitutional Court, all decisions were bastion guard of the constitution. This Article 24 of the 1945 Constitution not subject to legal action afterwards. is because this institution guards the which gave birth to its own duties In this webinar activity, the constitution, democracy, and protects and authority by the Constitutional participants were also given the the constitutional rights of citizens. That Court, “ explained Anwar in an activity opportunity to ask questions directly was the statement uttered by the Chief moderated by IAIN Kudus Faculty to the Chief Justice of the Constitutional Justice of the Constitutional Court Anwar Lecturer Haris Naim and participated in Court Anwar regarding the various Usman in a web seminar (webinar) held by IAIN Kudus Chancellor Mudzakir and experiences and ups and downs of virtually on Thursday (10/9/2020). his staff. lecturers and students of PKL, judges and law enforcers in upholding In activities with the theme «The Sharia Faculty of IAIN Kudus. justice for justice seekers. «A very high Role of the Constitutional Court as Furthermore, related to the justice is born from a clean heart. When the Last Bastion in Maintaining the authority of the Constitutional Court, a judge decides a case that is not in Constitution ” , Anwar explained more Anwar stated that Article 24C paragraph accordance with his heart, it is the clearly the history of the birth of the (1) of the 1945 Constitution has explicitly same as punishing himself, “ concluded Constitutional Court, its powers and stated that the Constitutional Court’s Anwar. the duties of the institution. Anwar decision is final. This, continued Anwar, SRI PUJIANTI/LULU ANJARSARI revealed that after the reformation, is very different from the nature of the

22 Number 163 • September 2020 Constitutional Justice Saldi gave a public lecture to new students of the Postgraduate Program at the Faculty of Law, Andalas DEBATE ON THE RULE OF LAW University (FH Unand) on Saturday (12/9/2020).

onstitutional Justice Saldi gave between powers, and the like . “ My a legal state in Continental Europe or in a public lecture to new students writing actually looks at the rule of law the meaning of an Anglo Saxon. “ But of the Postgraduate Program in the context of how to build an ideal when talking about state institutions, at the Faculty of Law, Andalas judicial power, “ said Saldi. talking about the Supreme Court, MPR, CUniversity (FH Unand) on Saturday Saldi said, when reading the DPR, the debate is deep, “ added Saldi. (12/9/2020) online afternoon. The treatise on the formation of the 1945 To these students, Saldi reminded theme of the lecture is “ 75 Years Constitution which was debated by students of S-2 and S-3 programs of Indonesian Law Rule “ which the founders of the state at the time to have a plus value compared to has been published in the famous of independence, there was almost no undergraduate students. The first key national mass media . debate about the constitutional state is to read a lot. The second key is to “ Why is this important? Because of Indonesia. However, what is being improve the ability to communicate to this day people are still debating discussed and debated is about the in public without feeling nervous or where the Indonesian rule of law basis of the state, the form of the awkward. The third key is to improve is actually going? What makes it state, whether Indonesia will become a writing skills. The ability to write well different from other law states. I write republic or a monarchy. Saldi explained, is the key to success for those who by tracing his development for 75 about the word “ legal state “ b aru study the world of law. It is not just a years and taking a side in the judicial appear in the draft Act of 1945 relating matter of writing a thesis, but the most power, “ said Saldi. Supomo explanation that Indonesia important thing is how to translate the If you want to see a rule of law, must be built on state law (rechtsstaat) results of the reading process on legal continued Saldi, there are many sides and not on power. However, no one materials into good writing. to look at. This could be in terms of has ever asked for an explanation of NANO TRESNA ARFANA/LULU ANJARSARI the formation of laws, the rule of law the legal state of ema referred to by process in the context of relations Soepomo, whether in the definition of

Number 163 • September 2020 23 ACTION

COMPULSORY ABILITIES FOR LAW FACULTY STUDENTS

our important things that easily. I’ve been writing articles since companies for any profession. “ If you can develop the abilities 1995 in various mass media . I have can study well, rest assured that the of students who have just practiced writing since college, “ said space for law faculty alumni is much chosen a law major. First, Constitutional Justice Saldi Isra wider in the field of work than other Fthe ability to read the literary set is as a resource person for the faculties. Law graduates have the multiperspective. Second, we have to Webinar “ Higher Education in Law potential to work in hospitals in the dare to speak in public, as an important and State Context “ held by the Faculty administrative or legal department. But asset to become a law graduate. If you of Law, University of Bengkulu on never a medical graduate can become don’t feel confident speaking in public, Saturday (12/9/2020) morning. a judge. So judges, prosecutors, then this will be a problem. Apart from that, Saldi ordered the advocates can only be filled with law “ Next, good writing skills . This students to take the time to improve graduates. Law graduates are needed is the toughest challenge for students their English. According to Saldi, by companies for a legal profession in today. Because everything is easily having a law degree and having good the midst of today’s civilization, ” said accessible to cyberspace. Sometimes English skills will have a faster chance Saldi. students get stuck copying and pasting of being accepted by multinational NANO TRESNA ARFANA/LULU ANJARSARI

Constitutional Justice Saldi Isra as a resource person for the Webinar “ Higher Education Law and State Context “ held by the Faculty of Law, University of Bengkulu on Saturday (12/9/2020) morning. Photo: Public Relations / Inspiration.

24 Number 163 • September 2020 Deputy Chief Justice of the Constitutional Court (MK) Aswanto became a resource for the Advocate Professional Special CASE TESTING Education (PKPA) virtually, Saturday (12/9) in Jakarta. Public Relations Photo / Gani.

eputy Chief Justice of well as Law no. 48 of 2009 concerning Constitutional Court has the authority to the Constitutional Court Judicial Power Article 29 paragraph (1) examine all laws that have been passed. (MK) Aswanto was the and paragraph (2). Through the Zoom Meeting resource person for the Based on these provisions, application from the official residence DSpecial Education for Advocate Aswanto explained, the Constitutional of the Deputy Chief Justice of the Profession (PKPA) with the theme of Court had four powers and one Constitutional Court, Aswanto also the Court’s Judicial Procedure Law. This obligation. Then in the development of explained, the Court conducted both activity was organized by the Indonesian the implementation of its authority , material and formal testing. Material Advocates Association (Peradi) through the Constitutional Court stated Article testing is the examination of laws the Zoom Meeting application on 50 of Law no. 24 of 2003 concerning relating to the content of paragraphs, Saturday (12/9/2020). the Constitutional Court contradicts articles and / or parts of laws deemed At the event, Aswanto conveyed the 1945 Constitution. “ Article 50 contrary to the 1945 Constitution. This the legal basis for the formation of the contains provisions which state is regulated in Article 4 paragraph (2) Constitutional Court, namely Article 24 that the laws that can be tested in of the Constitutional Court Regulation Paragraph (2) of the 1945 Constitution. the Constitutional Court are those (PMK) Number 06 / PMK / 2005. Furthermore, Aswanto explained the promulgated after amendments to the . Meanwhile, formal testing is the authority of the Constitutional Court 1945 Constitution, “ said Aswanto . testing of laws relating to the process as regulated in Article 24C Paragraph However, this article, Aswanto of forming laws and other matters that (1) and Paragraph (2) of the 1945 explained, was declared unconstitutional do not include material testing, as Constitution, Law No. 24 of 2003 based on the Constitutional Court regulated in Article 4 paragraph (3) PMK concerning the Constitutional Court as Decision No. 066 / PUU-II / 2004 Number 06 / PMK / 2005. amended by Law no. 8 of 2011 Article regarding the review of Law No. 1 UTAMI ARGAWATI/NUR R. 10 paragraph (1) and paragraph (2), as of 1987 concerning Kadin. Thus the

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Constitutional Justice Arif Hidayat was a guest speaker at the 17 Years Seminar on the Constitutional Court (MK) held virtually DOESN’T ALWAYS SATISFY ALL by the Faculty of Law of Diponegoro University (FH UNDIP), Friday (11/9) at the Constitutional Court Building. Public PARTIES Relations Photo / Gani.

onstitutional Justice Arief that is packaged in a case. From time be realized in two ways , namely Hidayat was a guest speaker to time, the Constitutional Court tries constitutional judges who have adequate at the 17 Years Seminar to make quality decisions the epicenter moral integrity and legal knowledge and on the Constitutional Court of the activities of all components. This aspects of substantial support and C(MK) Efforts to Improve the Quality effort is a serial effort that must court administration that have optimal of the Constitutional Court Decisions be carried out from period to period. carrying capacity. In the first way , in held by the Faculty of Law, Diponegoro Arief said quality decision at no general, constitutional judges are seen University (FH UNDIP) on Friday dipretensikan to satisfy the parties. “ The as meeting the main requirements, (11/9/2020) virtually through the Zoom Constitutional Court decisions do namely mastering the constitution application. not always satisfy all parties, “ said and state administration. Thus, In the event, Arief said Arief. With the fulfillment of these constitutional judges have the answers that the constitutional judges conditions, the Constitutional Court to all constitutional problems submitted had different thoughts . A quality with all of its decisions will be able in a case, at least have an effort with a decision, apart from being a judge’s to continue to contribute to managing measured and accountable method to crown, is also a pearl for justice politics, law and state administration explore and find the law of a case. This seekers. This means that a quality as well as elevating the civilization of means that decisions are made with decision is a reflection of the expertise Indonesia’s constitutionalism. careful legal considerations, minimizing and ability of judges as selected legal According to Arief, quality loopholes, and winning when debated experts in providing answers and Constitutional Court decisions can by anyone. solutions to a constitutional problem UTAMI ARGAWATI/LULU ANJARSARI

26 Number 163 • September 2020 Constitutional Justice Arief Hidayat was the resource person for a webinar organized by the Faculty of Law, Udayana University, on UNITED TO FACE THE PANDEMIC Sunday (13/9) at the Constitutional Court Building. Public Relations / Ifa Photo.

onstitutional Justice are engaged in law, including younger Arief, could be a momentum to unite in Arief Hidayat was the students as new students who are facing the pandemic. The spirit of gotong resource person for the starting to study law, what must royong (gotong royong) is a typical Webinar “The Momentum of be studied is law in the context of Indonesian togetherness value that must Ca Student Revolution with a Sense of ideology and the basis of the Pancasila be built. According to Arief, Indonesia’s Empathy in Mutual Cooperation “ . This state, “ said Arief at the start of the social cohesion will further weaken, if activity was organized by Student Day meeting. there is no spirit of mutual cooperation, Iustitia 2020, Faculty of Law, Udayana Arief continued, Indonesia’s law togetherness of the Indonesian people University on Sunday (13/9/2020) state is different from other legal in the face of the Covid-19 pandemic. morning. Arief presented the states that practice law based on the “ Regardless of religion, race, material “The active role of students ideology and basis of their respective ethnicity, we are together in facing as agents of the nation’s successor in countries. There are countries that the Covid-19 pandemic. By working the framework of Pancasila for the sake adhere to liberal ideologies and together, togetherness in plurality that of knitting national unity and integrity”. so on. But Indonesia’s rule of law is contained in the Unitary State of the “ We have agreed and inherited must be based on a philosophical, Republic of Indonesia, I am sure we will The Founding Fathers, an extraordinary ideological and state foundation, namely be able to get out of this very critical ideology and state foundation, namely Pancasila. The Covid-19 pandemic situation, “ said Arief. Pancasila, which is applied in all aspects situation experienced by the Indonesian (NANO TRESNA ARFANA/NUR R.) of national and state life. We who nation and other nations, continued

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Constitutional Justice Enny Nurbaningsih was the guest speaker for the Virtual New Student Success Learning Training for the SHARING INSPIRATION Faculty of Law, Gadjah Mada University, Saturday (12/9) in Jakarta. Public Relations / Ifa Photo.

hen you have chosen the student of FH UGM with sincerity. Not who is trusted as the chairman, feels path to study law, then only pursuing law study in class, but that he has the space to express all his love that choice from the also being involved in a concrete thoughts and knowledge gained during start by making it your manner as an activist in various campus his time on campus. At this institution, Wown choice from the heart. Because activities. When he was a student, Enny Enny actually applies legal theory in it departs from the heart, there will chose to join the Student Regiment college to real life in legal guidance. be seriousness and discipline to pursue and became a student representative Furthermore, Enny talked about all stages of the learning journey in who was sent to East Timor (now East the initial journey of being elected as the field of law. Those were the Leste). a constitutional judge in 2018. As an opening inspirational sentences “ I am an activist for a student alumni of the Faculty of Law UGM, uttered by Constitutional Justice regiment who was sent to Timor continued Enny, the values of​​ spirituality Enny Nurbaningsih through the Zoom Leste. There, mentally tested and the which he will always instill until now and Meeting application channel in the most basic disciplines were actually in the future are how to strengthen the New Student Success Learning Training applied in my journey and experience integrity of the community . According (PPSMB) Faculty of Law, Gadjah Mada there and it has stuck with me until to Enny, this is important so that he University (FH UGM) Academic Year now, “ Enny recalled in an activity that does not injure the value of justice 2020/2021 on Saturday (12/9/2020). also presented L. Amrih Jinangkung as itself. As a constitutional judge, he In the “ Inspiring Alumni “ session , one of the other alumni who share must maintain the integrity of the Enny shared the story of his journey the story of his life journey as an Constitutional Court to uphold justice as when he was a student at the Faculty alumnus of Faculty of Law UGM. fairly as possible. Because in this judicial of Law UGM, a department that from Before joining as a Constitutional domain, Enny really feels that he is the beginning had been the main choice Justice, Enny told of his journey when dealing with and dealing with powers, for him. Guided by FH UGM lecturer he was part of the National Law such as the President, DPR, DPD, and J aya Triyana as moderator, Enny told Development Agency (BPHN). In the others, all of which lead to the legality that he was exploring his choices as a realm of this executive power, Enny, of a state power. SRI PUJIANTI/NUR R

28 Number 163 • September 2020 Constitutional Justice Saldi Isra became a resource person in a public lecture held by the Faculty of Law, University of Bengkulu THE CONSTITUTIONAL COURT (FHUNIB) through the Zoom Meeting application, Friday (18/9) in Jakarta. Public AUTHORITY’S CROWN Relations Photo / Gani.

onstitutional Justice Saldi Isra the benefit of citizens, “ Saldi explained Furthermore, Saldi said that was a resource person in a in front of the public lecture participants. judicial review of the Law (UU) is public lecture organized by Will however, continued the jurisdiction of the constitutional the Faculty of Law, Bengkulu Saldi, testing procedural law Act court. “The key or authority to the crown CUniversity (FHUNIB) through the Zoom ( judicial review ) is to explain the of the Constitutional Court lies with the Meeting application , on Friday concept of building checks and judicial review of the Law, “ he said. (18/9/2020). He began his presentation, balances . Furthermore, Saldi said, According to Saldi, this was Saldi explained the power to assess among the 3 (three) branches of because if there was a norm that was the legal products, the Act is clear power, namely the executive, canceled by the Constitutional Court, it evidence to establish a mechanism of judicial and legislative branches of would not only apply to the applicant, checks and balan ce between state power, they cannot always be clearly but also to people who did not submit institutions. “ If earlier I concluded that separated. According to Saldi, in the a petition. However, for concrete cases, there is a civil procedural law, there is a parliamentary system, people in the there are judges who override the law criminal procedural law, there is a public legislature will automatically become which only applies to concrete cases. administration that is more (aimed) for the holders of executive power. UTAMI ARGAWATI/LULU ANJARSARI

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Constitutional Justice Wahiduddin Adams became a speaker in a virtual lecture held by the Sharia Faculty of IAIN Kudus, MAINTAIN THE CONSTITUTION Friday (18/9) at the Constitutional Court Building. Public Relations Photo / Gani.

onstitutional Justice General of Laws and Legislation of earned his bachelor’s degree in Islamic Wahiduddin Adams was the the Ministry of Justice (1990-1995), law and master’s degree in Islamic law guest speaker for the Public Director of Harmonization of Legislation at IAIN Syarif Hidayatullah Jakarta. Lecture with the theme “ The and Regulations, Director General of Wahiduddin continued, the 1945 CRole of the Constitutional Court PPU, Ministry of Law and Human Constitution of the Republic of Indonesia as the Last Bastion in Maintaining Rights (2004 ), Director of Regional (UUD 1945 ) which is currently in effect the State Constitution “ . This activity Regulation Planning Facilitation (Echelon is the result of amendments in 1999, was organized by the Sharia Faculty IIA), Director General of PPU, Ministry of 2000, 2001, and 2002. During the of IAIN Kudus in collaboration with Law and Human Rights (2004-2010) discussion of the second amendment to the Constitutional Court, on Friday and Director General of Legislative the 1945 Constitution the members of (18/9/2020) virtually. Regulations, Ministry of Law and Human the MPR had discussed the conditions “ Congratulations to all of you as Rights (2010-2014), and in 20 14 were of the legislation. we still have a lot of new students of the Syariah Faculty elected as Constitutional Justices who colonial heritage and are still valid today. of IAIN Kudus who are entering a served until now. Wahiduddin revealed that the challenging academic world. As a Regarding the theme of this most basic amendments to the result, it is hoped that the students will public lecture, namely regarding the 1945 Constitution are regarding the become intellectuals, scholars, and will role of the Constitutional Court in sovereignty of the people. Before the also play a role in the life of society, safeguarding the Constitution, change, sovereignty was in the hands nation and state, “ said Wahiduddin in Wahiduddin first explained the meaning of the people and was fully exercised by front of IA IN Kudus officials , lecturers of the Constitution which is simply the the MPR. However, after the changes, and new students of the IAIN Kudus basic law of the state. “Its form is the sovereignty rests in the hands of the Faculty of Sharia. 1945 Constitution of the Republic of people and is exercised according Wahiduddin motivated the new Indonesia. In Middle Eastern countries, to the Constitution. In addition, the students with stories of educational the Constitution is called Dustur. In amendment to the 1945 Constitution journeys and a number of positions Egypt there are Al-Al-Dusturiyah sparked the idea of ​​establishing the entrusted to him. Among them are Supreme al ‘ Ulya or the Constitutional Constitutional Court of the Republic of employees of the National Legal Court. Its authority is no different from Indonesia in 2003. Development Agency (BPHN), Draft the Constitutional Court of the Republic NANO TRESNA ARFANA/NUR R. Legislation Officer of the Directorate of Indonesia, ” said Wahiduddin, who

30 Number 163 • September 2020 Constitutional Justice Daniel Yusmic P. Foekh as a guest speaker at a public THE EMERGENCY CONSTITUTIONAL lecture held virtually by the Jayabaya University Law Faculty on Saturday (19/9/2020) through the Zoom LAW RECONSTRUCTION application.

ndonesia needs a reconstruction country, it is always arranged in of “ compelling urgency “ in establishing of emergency constitutional law , constitutional law state in the normal a Government Regulation as a especially in connection with state and h ukum order a state of substitute for law (Perpu). “ However, the current Covid-19 pandemic emergency. Now I think (the Indonesian Article 22 of the 1945 Constitution is Isituation. This was conveyed by state) needs to reconstruct this because interpreted broadly. This can be seen in Constitutional Justice Daniel Yusmic P. it is very relevant to Indonesia’s the decidendi ratio of the Constitutional Foekh when he was a guest speaker at a current condition , ” explained Daniel. Court decision Number 138 / PUU-VII / public lecture held virtually by the Faculty Daniel said, Article 22 of the 2009, ” he said. of Law, Jaya Baya University . The public 1945 Constitution which regulates the Daniel continued kan lecture with the theme “ Reconstruction President has the right to stipulate word “ crunch “ in Article 22 UUD of Government Regulations in lieu a Government Regulation in lieu of 1945 has a more dangerous levels of Laws in Emergency Constitutional a Law if there is a compelling crisis; when compared to Article 12 of the Law “ which took place on Saturday This Government Regulation must be Constitution 1945. He admits having (19/9/2020) through the Zoom approved by People’s Representative differing views with other legal experts Meeting application . Council (DPR) in the following sessions; call that a regulation is not part of the “ In my opinion, our constitutional and if it does not get approval, then Constitution Article 12 19 45. “ I’m a condition related to emergency said Government Regulation must little different from mainstream legal constitutional law and especially be revoked. Article 22 of the 1945 experts who say Article 12 (UUD 1945) regarding this Perppu needs to be Constitution, he continued, regarding does not include the Perppu. The reconstructed. Therefore, the legal the President’s noodverordeningsrecht. urgency (in Article 22 of the 1945 system of emergency according to Furthermore, Daniel said, referring Constitution) is already at the above the constitution in 1945 stipulated to Article 22 of the 1945 Constitution, stage which is dangerous, “ he said. in Article 12 and Article 22. In each the president must fulfill the conditions UTAMI ARGAWATI/LULU ANJARSARI

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DEVELOPMENT OF THE CONSTITUTIONAL COURT’S AUTHORITY he Constitutional Court (MK) that focuses on resolving cases related as long as the Constitutional Court was not given the authority to the realm of regional power is was established, no political party to examine Government needed. “To decide the election result was disbanded because so far there Regulations in Lieu of Law dispute conducted by M K based on were no political parties whose par T(Perpu). However, since 2009 there Article 22E of the 1945 Constitution. principles contradicted the ideology of has been a request for a Perpu Whereas what is meant by the election Pancasila and the 1945 Constitution. examination to the Constitutional is the election of President / Vice Until now, explained Daniel, there were Court. The Court, in legal considerations, President, DPR, DPD and DPRD. That’s only political parties that had joined explained that the Perpu could give what the article means. Meanwhile, the party. other politics to qualify for rise to binding provisions which are the Pilkada is part of the regional entering parliament. the same as laws. Because of that , government which is regulated in The next interesting question the norms contained in the Perpu can be other regulations. But in practice, the came from Andre Pratama, who asked subject to a material review. This was Constitutional Court is still given this about the nature of the Constitutional conveyed by Constitutional Justice additional authority, ” explained Daniel. Court Decision and how was the Daniel Yusmic P. Foekh when he was In this presentation, Daniel not involvement of constitutional judges a resource person at the Advocate only explained the maeteri in one in making a decision. Daniel also Professional Special Education (PKPA) direction, but also opened a room for responded that the Constitutional Court activity. This activity was organized by discussion with prospective student decision was made in an RPH. In it the Atma Jaya Catholic University of advocates to make rebuttals and not all judges will always agree. There Indonesia Law Kultas (Unika Atma Jaya) ask questions about the material are judges who have different opinions and the Peradi Council, on Saturday covered in this activity. The question and this is common in an opinion and (19/9/2020) in a network (online / online). posed by Nicky Akhita Pianaung, for presentation of ideas. “ If a judge in Furthermore, Daniel said, the provisions example, asks what the provisions a case expresses a different opinion, for examining the Perpu provided that of the dissolution of political parties that is normal. Because differences the Perpu had not been ratified by the which are also included in one of the in opinion can arise because they are DPR into law. However, if in the process powers of the Constitutional Court greatly influenced by the theory and of testing at the Constitutional Court are given by law. In response to this, legal principles adhered to by each judge Perpu it has been promulgated by the Daniel explained that there are certain in examining each petition submitted DPR, then the examination of the case provisions that a political party can to the Constitutional Court, “ explained has lost its object. Thus, the petition will be dissolved. Daniel admitted that Daniel. be returned to the decision of the SRI PUJIANTI /NUR R Petitioner who filed a trial case. “ Since 2009 - 2019 there have been 24 Perpu tests at the Court. This is a form of the development of powers that the Court has. Meanwhile, most of the decisions were unacceptable, withdrawn, and some were dropped, “ said Daniel in an activity entitled “ The Court’s Procedure Law “ . In addition to examining the Perpu, the Constitutional Court in the development of its authority is also tasked with adjudicating disputes over the results of regional head elections (PHP Kada). This authority was exercised by the Constitutional Court until the formation of a special court . In this case, Daniel acknowledged that the Constitutional Justice Daniel Yusmic was a resource person for the Advocate Professional settlement of Pilkada cases was very Special Education activity held by Atmajaya University and the Peradi Council via virtual, dynamic, so actually an institution Saturday (19/9) in Jakarta. Public Relations / Ifa Photo.

32 Number 163 • September 2020 Signing of the book cover canvas by the Chief Justice of the Constitutional Court INTERPRET, ACCEPT, AND Anwar Usman along with Constitutional Justice Saldi Isra, Jimly Asshiddiqie (Chair of the Constitutional Court for the 2003-2008 Period) and the Secretary General of the FOLLOW VARIOUS ACTIVITIES Constitutional Court M Guntur Hamzah after opening the 2020 MK Book Launch and Book Review, Tuesday ( 2/9) at the Court DURING THE PANDEMIC Building Hall. Public Relations Photo / Gani.

n the midst of efforts to deal with Court on August 13, the Center for that the works of judges and MK the spread of Covid-19, it is not Case Research and Studies (Puslitka) employees will become public literacy. In an obstacle for the Constitutional of the Constitutional Court launched 28 addition, Anwar also saw the launch Court to continue to hold a series books on the theme of law and the of these books as part of realizing the Iof activities while still prioritizing constitution. The book launch activity constitutional mandate of educating a health protocols. At the end of August was attended by invited guests online nation. to the middle of September 2020, (online / online ) and direct resource «With the presence of the works the Constitutional Court interprets the persons with the implementation of of judges and MK employees, Indonesia institution’s anniversary by launching a health protocols in the Ground Floor is able to grow into a developed country number of papers. On another occasion, Hall of the Constitutional Court Building with the knowledge and development the Constitutional Court also welcomed on Wednesday (2/9/2020). of published papers, “ said Anwar and accepted with joy the issuance The Chief Justice of the in front of invited guests, including of state money in the framework of the Constitutional Court Anwar Usman DPD RI member Jimly Asshiddiqie 75th anniversary of the independence said in the opening of the event that (Chairman of the Constitutional Court of the Republic of Indonesia , as well the launch and review of this book for the 2003 - 2008 period ), Minister. as following the 2020 National Sports were a series of commemoration of the Coordinator for Political, Legal and Day (Haornas) ceremony which was 17th Anniversary of the Constitutional Security Affairs of the Republic of held virtually . Court which became the commitment Indonesia, Moh. Mahfud MD (Chairman of the Constitutional Court in improving of the Constitutional Court for the 2008- the culture of writing, expressing 2013 Period). The Launching of 28 Book Titles ideas, experiences, and a form of On the next occasion, Moh. Mahfud In order to give meaning to the real contribution to society. With the MD as the key speaker said that a legal 17th birthday of the Constitutional launch of these books, Anwar hopes judiciary institution in Indonesia in

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principle and norms should not only and MK employees were considered launch of this book was very special produce legal consequences that are quite high. considering that in the midst of a normative in nature, but also moral However, the wisdom of the pandemic and a high level of activity, sanctions. According to Mahfud, the pandemic has allowed all parties the Chief Justice of the Constitutional existing legal regulations in this country involved in the process of the birth Court Anwar Usman, Constitutional are already good, it’s just that the of these books to have more time to Justice Saldi Isra, and the Chief Justice socialization of oral sanctions in law sit down to read and reflect and write of the Constitutional Court for the enforcement is still not optimal. For works carried by each author. Coupled 2003 - 2008 period Jimly Asshiddiqie this reason, through the launch of with the existence of Rajawali Press as a continued to contribute works. In these books on the theme of law and publisher, which provides a flexible space addition, Guntur admitted that the constitution, it is hoped that the role of for the revisions of the manuscripts launch of this book was a simple this judiciary can add to the treasure submitted by the authors until finally and meaningful offering made by MK of service and socialization of moral published. employees in the framework of the 17th sanctions to the public in a way that «The tradition of writing in the Anniversary of the Constitutional Court. is easy to understand and understand Constitutional Court must not stop Furthermore, at the book review in a concrete way. because without this tradition it will not session, there were speakers such Meanwhile, Constitutional Justice be possible to produce quality decisions as Padjajaran University Constitutional Saldi Isra, as part of the constitutional of the Constitutional Court , “said Saldi. Law Teacher Bagir Manan, Professor judges who took an active role in The Secretary General of the of Constitutional Law at the Islamic realizing the birth of these books, Constitutional Court M. Guntur Hamzah University of Indonesia (UII) Ni ‘ Matul recounted that in March 2020, he made in the activity report stated that the Huda, Senior Editor of Kompas Daily an investment in the manuscript to 2020 MK book launch and review Ninuk Mardiana Pambudy, and Chief be published. At that time, Saldi was was held in commemoration of the Justice of the Constitutional Court hesitant to publish books according 17th Anniversary of the Constitutional for the 2003 Period - 2008 Jimly to the expected target because the Court. The number of books launched Asshiddiqie. activities of the constitutional judges was 28 books. Guntur felt that the SRI PUJIANTI / NUR R.

34 Number 163 • September 2020 The Chief Justice of the Constitutional Court, Anwar Usman, received symbolically NEW MONEY 75 YEARS OF the state money for the 75th anniversary of the Republic of Indonesia which was handed over by Puji Widodo as Public Relations of Bank Indonesia, Tuesday INDEPENDENCE OF THE (8/9) at the Delegation Room, Fl. 15 The Constitutional Court Building. Public REPUBLIC OF INDONESIA Relations Photo / Gani.

he Chief Justice of the explained that the 75th anniversary decorated with illustrations of children Constitutional Court (MK) Anwar of the Republic of Indonesia has a in traditional clothes representing Usman symbolically accepted philosophy which means to be grateful the western, central, and eastern parts the state money for the 75th for independence, which is illustrated of Indonesia which depict the meaning Tanniversary of the independence of by the flag-raising event at the time of Bhinneka Tunggal Ika. The appearance the Republic of Indonesia. The giving of the proclamation of Indonesian of Indonesian culture is also reflected in of money with a nominal value of independence on August 17 , 1945, illustrations of Balinese woven fabrics 75,000 was represented by Praise pictures of the Indonesian proclamator and Javanese batik and South Sumatra Widodo as the Public Relations of Bank Soekarno and Mohammad Hatta, and songket. The three of them represent Indonesia, on Tuesday (8/9/2020) in a picture of the gunungan which has a kindness, greatness, and holiness. the Constitutional Court Delegation philosophy of opening a new leaf. The next philosophy, welcoming Room. On this occasion, Anwar said Not only that, the new a glorious future, is described by that when he was still serving at the banknotes show several development the Red and White Satellite as the Supreme Court (MA), he had visited achievements during the 75 years of communication bridge of the Republic BI. But now he is being visited by Indonesian Independence. In particular, of Indonesia. A map of Indonesia Gold BI. Anwar thanked Bank Indonesia the achievement of development in on a globe that symbolizes Indonesia’s (BI) for visiting the Constitutional the infrastructure sector through the strategic role in the global arena, as Court. « Thank you for visiting here, « he images of the Trans-Java Toll Road, well as Indonesian children who are said. Youtefa Papua Bridge, and the Jakarta described as superior human resources Regarding the provision of 75,000 Integrated Moda Raya (MRT). in the era of Advanced Indonesia. nominal money, Puji Widodo said that the It is not enough to stop there, the UTAMI ARGAWATI/NUR R. symbolic money had also been handed philosophical value of money is also over to other state institutions. Puji

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The Chief Justice of the Constitutional Court attended the 2020 National Sports THE IMPORTANCE OF EXERCISE Day (Haornas) Peak event which was held virtually, on Wednesday (9/9) at the MK Building . Public Relations / Ifa DURING THE PANDEMIC Photo.

hief Justice of the Constitutional without exercising, ” ordered Anwar a open spaces, in the wild. We must make Court (MK) Anwar Usman few moments before joining the online the best use of this opportunity, ” said attended the Summit of the Haornas 2020 Summit. the President. 2020 National Sports Day The summit of Haornas 2020 was Meanwhile, the Minister of Youth C(Haornas) which was held virtually on attended by President Joko Widodo. In and Sports, Zainudin Amali, stated that Wednesday (9/9/2020) night at the his remarks, the President emphasized currently the Indonesian nation is in a Bogor Palace. The event was attended that Haornas could be a momentum crisis situation, so that it is a challenge for virtually by a number of high-ranking to arouse the passion for sports in the Indonesian nation to be able to think officials from state institutions and Indonesia. Not only promoting sports, and take extra ordinary breakthrough sport branches. but also boosting athlete performance steps in order to remain productive «With this national sports day, and developing sports as a forum and implement disciplinary health it is hoped that all Indonesian people, for introducing tourist destinations in protocols . Zainudin also revealed that including the extended family of the Indonesia. this year the government, through Constitutional Court, will increase their According to the President , the Ministry of Youth and Sports, sports activities every day. For example, Indonesia’s natural beauty is more carried three big themes at the peak jogging, jogging. Usual tennis, yes than sufficient capital to boost sport of the 37th Haornas, namely sport tennis. Especially during the Covid-19 tourism. Not only that, Indonesia also science, sport tourism, and sports pandemic. Hopefully all Indonesian has art and cultural products that are industry. “The three big themes are sport people can rise together to fight integrated into sport tourism. science, sport tourism, sport industry. The Covid-19. Including the big family of «The opportunities for goal is to improve fitness, while at the Constitutional Court, of course , developing sport tourism will be the same time encouraging sports you must be enthusiastic and diligent even greater after the pandemic. People achievements, and reviving the national in exercising. Try not to have a day will choose to travel and exercise in economy, ” explained Zainudin. (NANO TRESNA ARFANA/NUR R.)

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