Constitutional Justice Manahan M. P. Sitompul as guest speaker at a discussion held by the North Jakarta Legal Aid Center (PBH) on Friday (26/4/2019) at El Hotel, North Jakarta. Photo by Humas MK/Hamdi Vigo.

JAKARTA, Public Relations of the Constitutional Court—Constitutional Justice Manahan M. P. Sitompul spoke in a discussion organized by the North Jakarta Legal Aid Center (PBH) on Friday (26/4/2019) at El Hotel, North Jakarta. Some 100 participants from the North Jakarta Peradi branch executive board (DPC) and university students attending the discussion on procedural law in the Constitutional Court.

In his discussion, Constitutional Justice Manahan stated that the authorities of the Constitutional Court are to examine laws against the 1945 Constitution, to decide on authority disputes between state institutions whose authority is granted the 1945 Constitution, to decide on the dissolution of political parties, and to decide on disputes over election results.

Aside from its four authorities and one obligation, the Constitutional Court also serves as guardian of constitution, final interpreter of constitution, guardian of democracy, protector of citizen’s constitutional right, and protector of human rights.

Justice Manahan also explained about judicial review, the procedure for disputing the results of general elections, and the procedure for disputing the results of the regional election. In procedural law or judicial review, first, one must send a petition to the Constitutional Court that must be signed by the petitioner or their attorney. In the petition, the case must be clearly explained.

Second, the petitioner has the right to submit a petition to settle disputes in the Constitutional Court. If the petitioner does not have a legal standing, their petition might not be accepted.

"The legal standing includes formal conditions as stipulated in the laws, and the material requirements, that is, the loss of constitutional right or authority due to the enactment of the Law petitioned for review," he explained.

Third, to provide information, in accordance with Article 41 paragraph (2) of the Constitutional Court Law, which stipulates that during hearing, constitutional justices examine the petition along with the evidence. Fourth, parties who have a direct interest in the subject matter. Relevant Party is that which has a direct interest whose right and/or authority is affected by the subject of the petition.

Fifth, the object of the petition, in accordance with Article 24C paragraph (1) of the Third Amendment to the 1945 Constitution, that the Constitutional Court has the authority to try at the first and last level, and whose decisions are final in judicial review of laws against the Constitution.

Sixth, the decision of the Constitutional Court to grant a petition must be based on at least two pieces of evidence. The Constitutional Court\'s decision can be passed that day or postponed on another day with notification to the parties involved. "The Constitutional Court passes three types of decisions: the petition cannot be accepted, the petition is granted, and the petition is rejected," he said. (Bayu/LA/Yuniar Widiastuti)