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House aims to review Constitutional Court's position for exceeding authority

Source
Tempo - August 30, 2024

Antara, Jakarta – Chairperson of the Government Commission at the House of Representatives (DPR) Ahmad Doli Kurnia Tandjung said the parliament would evaluate the medium and long-term position of the Constitutional Court (MK). Doli said MK often undertakes matters outside of its authorized duty.

"We will evaluate MK's position later since DPR is the one who should evaluate the system, from the electoral to the constitutional system," said Doli on Thursday, August 29, 2024.

The Golkar Party politician gave an example of the judicial review of Regional Head Election Law No. 10 of 2016 where MK reviewed technical matters. According to Doli, the Constitutional Court has exceeded its authority.

"Many of Constitutional Court's decisions take away from DPR's authority as the lawmaker," Doli said, adding that only the government and DPR are lawmakers in Indonesia.

Therefore, DPR will change the hierarchy of laws and regulations in Indonesia because the Constitutional Court's decisions are final and binding.

"As a result, the Constitutional Court's decision gave rise to new political and legal efforts that must be adopted by technical regulations, as was the case with recent decisions. However, when DPR wanted to right the decision in accordance with the law, student protests and suspicions emerged," he said.

Previously, on Tuesday, August 20, 2024, the Constitutional Court revised the threshold for nominating regional candidates through Decision No. 60/PUU-XXII/2024. The Constitutional Court annulled Article 40 paragraph (3) of the Regional Head Election Law and declared Article 40 paragraph (1) of the same law conditionally unconstitutional.

Furthermore, through Decision No. 70/PUU-XXII/2024, the Constitutional Court emphasized that the age requirement under Article 7 paragraph (2) letter e of the Regional Head Election Law must be enforced at the time of candidate registrations.

Source: https://en.tempo.co/read/1910413/house-aims-to-review-constitutional-courts-position-for-exceeding-authorit

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