Kumham Imipas Ensures MK Decisions Can Be Followed Up in a Directed Manner

The issue of compliance with Constitutional Court (MK) decisions forms an important part of the national legal development agenda. Jakarta (ANTARA) - The Coordinating Ministry for Law, Human Rights, Immigration, and Correctional Services (Kemenko Kumham Imipas) has ensured that MK decisions impacting public policy can be followed up in a directed manner. Assistant Deputy for Coordination of Legal Materials and Restorative Justice at Kemenko Kumham Imipas, Robianto, highlighted the still low level of follow-up on MK decisions and the need to strengthen coordination across ministries and institutions. “The issue of compliance with MK decisions is an important part of the national legal development agenda,” said Robianto in a statement confirmed in Jakarta on Tuesday. He emphasised that the implementation of MK decisions cannot be viewed as the responsibility of a single institution, but rather requires synchronisation across ministries and institutions so that final and binding decisions can be carried out effectively. According to him, the coordination meeting serves as a forum to map implementation barriers, both in terms of regulations, institutions, and inter-agency coordination. Through this forum, the government is expected to formulate more measured policies in guiding the implementation of MK decisions while strengthening national regulatory harmonisation in accordance with the constitutional mandate. Meanwhile, Staff Advisor for Cooperation and Inter-Institutional Relations at Kemenko Kumham Imipas, Cahyani Suryandari, assessed that strengthening inter-institutional cooperation is key to improving compliance with MK decisions. According to her, follow-up on MK decisions often involves many parties, so institutional communication needs to be built from the start. “MK decisions often have cross-sectoral impacts. Therefore, a solid inter-institutional relationship pattern is needed so that follow-up does not proceed independently,” she stated. She mentioned that laws as political products have the potential to conflict with the 1945 Constitution, making the judicial review mechanism at the MK an important corrective instrument. “Constitutional Court decisions essentially serve to ensure that legislation remains aligned with the constitution. The problem is that not all decisions are responded to proportionally by the lawmakers,” said Ni’matul. Ni’matul also highlighted the variety of forms of MK decision follow-up in practice, from those that can be implemented directly to those requiring changes to laws or derivative regulations that may give rise to new interpretations. Head of the Legal and Clerical Administration Bureau of the MK, Fajar Laksono Suroso, added the importance of compiling a constitutional compliance index to measure how far legislation, regulations, and government policies have aligned with MK decisions. According to him, compliance measures can be seen from three main aspects, namely norm conformity, substance conformity, and timeliness of implementation. He stressed the need for inter-ministerial collaboration without sectoral egos in following up on MK decisions so that their implementation does not proceed slowly and unevenly. “That index can serve as an evaluation tool to ensure that MK decisions truly enter the legislative and national policy system,” said Fajar.