Petitioners\' legal counsel Slamet Santoso after attending the ruling hearing of judicial review of Article 73 paragraph (3), Article 122 letter l, and Article 245 of Law Number 2 of 2018 on the People\'s Consultative Assembly, House of Representatives, Regional Representatives Council, and Regional Legislative Council (MD3 Law), Monday (23/7) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.
The Constitutional Court (MK) granted the withdrawal of the petition for judicial review of Article 73 paragraph (3), Article 122 letter l, and Article 245 of Law No. 2/2018 on the People\'s Consultative Assembly, House of Representatives, Regional Representatives Council, and Regional Legislative Council (MD3 Law) filed by the Legislative Monitoring Committee (KOPEL) and others. "Declares, grants the withdrawal of the petition of the Petitioners," said Plenary Chairman Anwar Usman accompanied by the other constitutional justices in the ruling hearing on Monday (23/7) afternoon.
In relation to petition No. 37/PUU-XVI/2018, the Constitutional Court has issued the Decree of the Chief Justice of the Constitutional Court No. 87/TAP.MK/2018 on the Establishment of Panel of Justices to Review Case No. 37/PUU-XVI/2018 dated April 30, 2018 and the Decree of Chairman of Panel of Justices of the Constitutional Court No. 88/TAP.MK/2018 on the Stipulation of First Hearing to Review Case No. 37/PUU-XVI/2018 dated May 2, 2018.
The Court had previously held a preliminary panel hearing on the petition on May 14, 2018. The Court had also held a panel hearing to review the revision of the petition on May 28, 2018.
Furthermore, the Court had conducted a plenary review hearing on May 30, 2018 to hear the statement of the President and the House, but the House was not present. In the hearing, the President provided a statement that insofar as it pertains to material review, the President declared the previous statement by the President on April 11, 2018 valid, for a number of petitions with the same material, among which is petition No. 16/PUU-XVI/2018. Meanwhile, with regard to the statement in the formal review, the President expressed his unpreparedness.
In addition, the Court had scheduled a plenary hearing on July 3, 2018 to hear statement of the House and Experts for the Petitioners. However, before the aforementioned hearing, the Petitioners had submitted a letter of petition withdrawal dated June 30, 2018 to the Registrar\'s Office of the Constitutional Court on July 2, 2018. The withdrawal of the Petitioners\' petition was reaffirmed in the plenary hearing on July 3, 2018.
The Justices’ Deliberation Meeting on July 9, 2018 declared that the withdrawal of petition No. 37/PUU-XVI/2018 was reasonable according to law and in accordance with Article 35 paragraph (2) of the Constitutional Court Law that the withdrawal of a petition results in the petition being unable to be re-filed.
In the previous hearing, the Petitioners of Case No. 37/PUU-XVI/2018 explained their constitutional impairment due to the enactment of Article 73 paragraph (3), Article 245, and Article 122 letter l of the MD3 Law. As they positioned themselves as critical partners of the House of Representatives in every policy making, they felt disadvantaged by the three articles, particularly if they gave sharp criticism against the House as the representatives of the people. (Nano Tresna Arfana/LA/Yuniar Widiastuti)
Monday, July 23, 2018 | 17:13 WIB 160