Articles related to judicial review to the Constitutional Court were reviewed again. Applicant this time is I Made Sudana, retired civil servants. Preliminary hearing held remotely using video conferencing facilities at Udayana University, Bali on Monday (28/5) at the Plenary Court Room.

In his petition, Sudana test of Article 268 paragraph (3) of Law No. 8 of 1981 on Criminal Proceedings (Criminal Code), Article 23 paragraph (2) of Law No. 4 of 2004 on Judicial Power, and Article 66 paragraph (1) of Law No. 14 of 1985 on the Supreme Court.

Sudana revealed the absence of legal remedies against the review decision has been adverse. "Bringing a negative effect in the enforcement of judgments in the review that there are indications of misuse of law," he said.

In addition, according to him, in a review of the trial is less appropriate if only heard by the Assembly of all members of the Supreme Court. "For who has a negative conversation in the community involved in the case because it can contact a member / chairman of his association and even the Chief Justice to his wishes," he said. "Although the Supreme Court in order set litigants should not overlook or meet members of the board."

Therefore, in his written request, he then asked the Court to formulate a rule which basically states that the composition of judges consisting of members of the Supreme Court, members of the constitutional commission, judicial commissioners, and two professional members from among legal experts that the Faculty of Law there are senior and senior advocates.

In addition, he also proposed to be done prior to the examination of the decision of the review hearing. "First request to examination or held by an arrangement of a surgical case that the Assembly will hold an examination is a member also of the elements mentioned above, but different people," he explained.

After listening to points of the petition, Constitutional Justice Panel consists of Justices of the Constitutional Usman Anwar (Chairman), Constitutional Justice Akil Mochtar, and the Constitutional Court Hamdan Zoelva, then give some advice and counsel to the Applicant. Basically, according to the judge, the petition still needs much improvement. "Destroy this total," Hamdan advice.

In fact, Akil Mochtar gives expression to petitioner. "Application is long but it is not clear," he said. "Petitioners’ petition has nothing to do with the authority of the Court." (Dodi / mh/Yazid.tr)