Petitioners in the pronouncement hearing of the Decree No. 61/PUU-XVII/2019 on Thursday (28/11) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) granted the withdrawal of petition of the judicial review of provisions on judicial review. The Decree of case No. 61/PUU-XVII/2019 filed by La Arta was pronounced by Chief Constitutional Justice Anwar Usman on Thursday (28/11/2019) in the Plenary Courtroom of the Constitutional Court.

The Petitioner requested a judicial review of Article 23 paragraph (2) of Law No. 4 of 2004 on the Judiciary and Article 66 paragraph (1) of Law No. 14 of 1985 as amended by Law No. 5 of 2004 and Law No. 3 of 2009 as well as Article 268 paragraph (3) of Law No. 3 of 1981. The Petitioner considered that the articles petitioned for review limited the legal remedies that the Petitioner wished to take because the provisions state that the legal remedies can only be done once. According to the Petitioner, this is contrary to the 1945 Constitution, which protects the Petitioner\'s legal interests to be able to obtain equality of law, justice, and legal certainty.

Justice Anwar explained that the Constitutional Court had held a preliminary examination hearing on October 29, 2019 to listen to the petition. The bench of justices also gave advice to the Petitioner to revise his petition. The Court, he added, also held a preliminary examination hearing on November 11, 2019 to listen to the revision of the petition and to approve the Petitioner’s evidence.

Justice Anwar also explained that the Court had received a letter dated November 12, 2019 from the Petitioner, which requested the withdrawal of the petition No. 61/PUU-XVII/2019 on the judicial review of the constitutionality of Article 23 paragraph (2) of Law No. 4 of 2004, Article 66 paragraph (1) of Law No. 14 of 1985, as well as Article 268 paragraph (3) of Law No. 3 of 1981 against the 1945 Constitution.

"Based on the considerations in letter f above, with regard to the revocation or withdrawal of case 3, the Justice Deliberation Meeting on November 13, 2019 determined that the request for revocation or withdrawal of the petition for Case Number 61/PUU-XVII/2019  was legally grounded law and therefore the Petitioner cannot re-submit the a quo petition," Justice Anwar said. (Lulu Anjarsari)

Translated by: Yuniar Widiastuti