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Constitutional Justice Saldi Isra speaking at a program for improving citizens’ understanding of constitutional rights for interfaith organization figures, Wednesday (23/10) in Sentul, Bogor. Photo by Humas MK/Agung Sumarna.

SENTUL, Public Relations of the Constitutional Court—A program for improving citizens’ understanding of constitutional rights for interfaith organization figures organized by the Constitutional Court (MK) presented several speakers, including Constitutional Justice Saldi Isra, who delivered a presentation on "The Constitutional Court and the Procedure Law of Judicial Review."

"When an individual submit a petition for judicial review to the Constitutional Court, the Petitioner does not initially meet with the constitutional justices. [They] meet with the registration administrator. After entering the Registrar’s Office, the petition is first checked for completeness, for example, the attachment of the Constitution, ID card, the laws petitioned, etc. If they [use] an advocate, whether there is a power of attorney," Justice Saldi said to the 100 participants who attended the program on Wednesday afternoon (23/10/2019).

Justice Saldi explained that registering a petition to the Constitutional Court can be done in two ways. First, the Petitioner comes directly with hardcopy of the petition. Second, online. The judicial review is conducted when the constitutional rights of the Petitioner are impaired by the law being petitioned. 

"The impairment must be specific and actual, or at least logically potentially occurs," he said. In addition, there must be a causal relationship between the intended loss and the enactment of the law being petitioned. 

After the petition for judicial review is deemed complete by the Court, the Petitioner waits for the Court\'s summons. The hearing begins with a preliminary examination, where the Petitioner argues the problem and submits a petitum. The constitutional justices are required to provide advice to the Petitioner regarding the petition. A few days later, a hearing is in session to improve the petition.

The next hearing will present the statement by experts, witnesses, Respondent, and Relevant Parties. The Government, House (DPR), and experts of the field are presented. Next, the ruling pronouncement hearing will take place after a deliberation meeting of the justices is held. The Court will either grant or reject the petition.

The Importance of the Constitution 

Chief Constitutional Justice of 2013-2015 Hamdan Zoelva talked about "The Development of Indonesian Constitution and Constitutionalism Dynamics." Hamdan said that the Constitution is the highest source of law, the source of all authority of state institutions. There is no state institution without a constitutional foundation.

Hamdan said that the constitution is the crystallization of the will of the people adopted in a written text or practiced continuously. "The constitution can be in the form of a written text or that which is practiced continuously and become a law that binds the state in organizing government," he stressed. 

Indonesia also has Pancasila as the foundation of the nation and state. "Our state foundation is Pancasila. At any time we may move left and right, but we cannot get out of the Pancasila philosophy. The constitution may change according to social dynamics, but the foundation and basic values that must be guidelines is Pancasila," Hamdan added.

Re-actualization of Pancasila

Law expert from Mataram University Hayyan ul Haq talked about "The Re-actualization and Implementation of Pancasila Values." He said that Pancasila is the foundation of individuals, community, nation, and state in realizing the goals and ideals of the nation. Meanwhile, the Constitution gives the Government a positive obligation to maintain the implementation of the Constitution.

Law Faculty Professor of the Islamic University of Indonesia (UII) Ni\'matul Huda talked about "State Administration System According to the 1945 Constitution of the Republic of Indonesia." State administrative law expert Andi Irmanputra Sidin, who has often litigated and spoke at the Constitutional Court, talked about "Citizens\' Constitutional Rights Guarantee." (Nano Tresna Arfana/LA)

Translated by: Yuniar Widiastuti

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