Constitutional Court: Definition, History, Duties, Functions, Authorities, Member Structure
Constitutional Court: Definition, History, Duties, Functions, Authorities, Member Structure - In this discussion, you will learn about the Constitutional Court. Which includes the understanding of the constitutional court, history, duties, functions, powers and membership structure of the constitutional court with complete and easy-to-understand discussion. For more details, please see the review below carefully.
Constitutional Court: Definition, History, Duties, Functions, Authorities, Member Structure
Let's discuss the meaning of the constitutional court first carefully.
Definition of the Constitutional Court
The constitutional court is a high institution of a country in the Indonesian constitutional system which holds judicial power along with the Supreme Court.
Based on Law No.4 of 2003 article 1. The Constitutional Court is one of the state institutions that carries out independent judicial powers for the administration of justice for law enforcement and justice.
History of the Formation of the Constitutional Court (MK)
The constitutional court was formed starting from an amendment to the constitution carried out by the MPR in 2001, this was followed by the adoption of a constitutional count or the Constitutional Court. The idea to form a Constitutional Court is part of the development of legal thought in the 20th century.
The Constitution has undergone several amendments. But the third change relates to the wait for the establishment of a constitutional court. In this amendment, a stipulation was made that the supreme court carried out the functions of the Constitutional Court.
This function was carried out by the Supreme Court until the Constitutional Court was formed. This is stated in article 3 of the Transitional Rules of the Fourth Amendment to the 1945 Constitution.
So that after the Constitutional Court is formed it has rules and guidelines in carrying out its duties correctly, the DPR and the government work together to draft a law regarding Constitution. On August 13, 2003, the results of deliberations and detailed discussions between the DPR and the government regarding the Constitutional Court resulted in Law no. 24 of 2003 concerning the constitutional court.
On August 15, 2003, Presidential Decree No. 147/M of 2003. The decision related to the first Constitutional Justice, then on August 16 the oath of office was read by the Constitutional Justices at the State Palace.
With a presidential decree issued by the formed Constitutional Justices, since then the Constitutional Court has been formed.
The duties of the MK (Constitutional Court)
There are duties of the constitutional court, namely:
- Conducting judicial review against the 1945 Constitution of the Republic of Indonesia.
- To decide on disputes over the authority of state institutions whose powers are granted by the 1945 Constitution of the Republic of Indonesia.
- Issue a decree dissolving a political party
- Issuing decisions on disputes over election results (general elections)
- Provide a decision on the opinion of the people's representative council regarding alleged violations by the president and/or vice president according to the 1945 Constitution.
- Looking for evidence regarding problems with state officials, government officials or community members.
Functions of the Constitutional Court (Constitutional Court)
There are functions of the constitutional court, namely:
- To guard the constitution in Indonesia. This means that the Constitutional Court must enforce the constitution in accordance with the 1945 Constitution.
- Maintain and guarantee the implementation of legal constitutionality
- Conducting judicial review against the 1945 Act.
- Make decisions on disputes that occur between state institutions
- Make a decision to disband a political party on the basis of certain reasons.
- If there is a dispute over the election results, the constitutional court has the right to decide on the dispute.
Authority of the Constitutional Court (Constitutional Court)
There is authority from the constitutional court, among others:
- To adjudicate at the first and final levels whose decisions are final;
- Examining the Act against the 1945 Constitution of the Republic of Indonesia.
- Issuing decisions on disputes over the authority of state institutions whose powers are granted by the 1945 Constitution of the Republic of Indonesia.
- Give a decision to disband a political party.
- Issue decisions on disputes regarding election results (general elections)
- Delivering a decision on the opinion of the DPR that the President and/or vice president are suspected of having committed the act law violations in the form of treason to the state, corruption, bribery, serious crimes other. Or acts that are disgraceful and/or no longer fulfill the requirements as President and/or Vice President as referred to in the 1945 Constitution of the Republic of Indonesia.
- Summon officials, government officials, or members of the public to provide information.
Structure of MK Members (Constitutional Court)
According to Law no. 24 of 2003 concerning the Constitutional Court, it is explained that the Constitutional Court has nine (9) members of the constitutional justices, who are appointed by the president. The composition of the Constitutional Court, among others
- The chairman stepped members
- Vice chairman concurrently as a member
- Constitutional magistrates-
- Secretariat General
- Secretariat
The chairman and deputy chairman are elected from and by constitutional judges for a term of three years. The chairman and deputy chairman of the constitutional court coordinate with the constitutional judges. Then the position under the chairman and deputy chairman is the secretariat general.
At the general secretariat there are several bureaus that coordinate with clerks (young clerks I and young clerks II). Below are the bureaus in the constitutional court, including:
- Bureau of planning and supervision
- Bureau of finance and personnel
- Bureau of public relations and protocol
- general bureau
- Center for research and study of cases, management of information and communication technology
- Pancasila and constitutional education center
Thus has been explained about Constitutional Court: Definition, History, Duties, Functions, Authorities, Member Structure, hopefully can add to your insight and knowledge. Thank you for visiting and don't forget to read other articles.
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