Constitutional Court (MK) researcher Nalom Kurniawan welcoming law students of Mahasaraswati University of Bali, Thursday (31/10). Photo by Humas MK/Gani.

JAKARTA, Public Relations of the Constitutional Court—Constitutional Court (MK) researcher Nalom Kurniawan welcomed law students of Mahasaraswati University of Bali, Thursday (31/10/2019) at the hall of the Constitutional Court. Nalom explained the court proceedings in the Constitutional Court starting from the preliminary examination hearing to the ruling hearing.

In the preliminary examination hearing, the petitioners argued the issue related to the law being challenged. Then, a panel of three constitutional justices will give them recommendations. In the revision hearing, the petitioners presented the revised petition according to the recommendations of the justices. Then, the panel of justices will report it to the plenary meeting of justices, which will determine whether the petition will proceed to a plenary hearing or not. “There are two options: whether the petition is forwarded to the plenary hearing or ruled in a closed meeting of justices,” Nalom explained.

The next hearing presents the statements of the President and the House (DPR) as lawmakers, who explain the original intent of the law. “Does the context of the law in question still fit the current condition, is it constitutional or not?” Nalom added. 

A crucial step, Nalom said, is the statements of experts, witnesses, and evidence. The expert statement is the most important. “The statement of expert is crucial because judicial review is related to abstract norms. This is where we review the interpretation of norms, whether they are constitutional or not, and where the interpretation is directed to. The Constitutional Court adjudicates the abstract, while the Supreme Court adjudicates the concrete,” he explained.

The petitioners usually present experts, witnesses, and evidence. The President and the House may do so. After a long debate in the examination hearing, [the case] gets to a close justice deliberation meeting. The last step is the ruling hearing, in which a petition may be dismissed, rejected, or granted.

The Constitutional Court, Nalom stressed, is very open. All Court hearings can be viewed in real time through the website.

“With transparency, the public will see the process and is able to predict the ruling. It will not be far off the facts of the hearings. The Court cannot lie. Everything is exposed and everyone can see it. The [presidential election] dispute hearing between Prabowo and Jokowi was broadcast live in the media. During the registration, court proceedings, and examination of evidence, nothing was hidden,” he stressed. (Nano Tresna Arfana/NRA)

Translated by: Yuniar Widiastuti