Petitioners’ attorney Hulia Syahendra in the petition revision hearing of the judicial review of Law Number 14 of 1985 on the Supreme Court in the Constitutional Court. Photo by Humas MK/Ifa.

Another judicial review hearing of Article 47 of Law No. 14/1985 on the Supreme Court took place at the Constitutional Court on Wednesday (19/12). The hearing of case No. 95/PUU-XVI/2018 was to discuss the petition revisions.

Hulia Syahendra as the attorney affirmed the constitutional rights of the Petitioners as citizens of Indonesia with a civil litigation at the cassation level at the Rokan Hilir District Court. The applicants of cassation have the right to obtain fair legal protection and certainty, as well as equal treatment before the law and not to receive discrimination.

Hulai believed that not all Indonesian citizens would know about the provisions of Article 47 paragraph (1) of the Supreme Court Law that regulates the time limit of only 14 days in submitting cassation brief.

"This 14-day time limit that the Petitioners encountered is a constitutional loss, and according to reasons is very detrimental to the Petitioners as applicants for cassation in civil cases in the Rokan Hilir District Court," he said in the session led by Constitutional Justice Suhartoyo.

Hulai claimed the provisions of Article 47 paragraph (1) of the Supreme Court Law along the phrase "within 14 (fourteen) days after the request is recorded in the book list" was irrational. He added, that was because even the civil registrar was given a grace period of 30 days to deliver a copy of the cassation brief to the Respondent in accordance with Article 47 paragraph (2) of the Supreme Court Law.

On the other hand, the Petitioners requested provision before the final decision, stating that it would delay the implementation of Article 47 paragraph (1) of the Supreme Court Law, in the phrase that the cassation brief must be filed no later than 14 (fourteen) days after submitting a petition for cassation.

Meanwhile, in the petitum, Hulia requested that the Constitutional Court declare the phrase "within 14 (fourteen) days after the request is recorded in the book list" in Article 47 paragraph (1) of the Supreme Court Law to not have binding legal force insofar as it is not interpreted as 30 days.

Petitioners H. Husin Syahendra and Nurhayati are cassation appellants in Case No. 03/ PDT.G/2014/PN.RHL, which was decided on July 15, 2014 by the Rokan Hilir District Court in conjunction with CaseNo. 65/PDT/2018/PT.PBR, which was decided on July 11, 2018 by the Pekanbaru High Court. They were litigants in the Rokan Hilir District Court, Riau. They had won the case at the district court. However, the Petitioners had wanted to appeal, they experienced a delay of more than 14 days and so the cassation brief to be submitted exceeded the deadline. This kept them from being able to file a petition for cassation. (Arif Satriantoro/LA/Yuniar Widiastuti)