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Chief Constitutional Justice Anwar Usman at a technical guidance program on judicial review procedural law for PERADI with PERADI Chairman Fauzi Hasibuan on Tuesday (10/3) at the Pancasila and Constitution Education Center, Cisarua, Bogor. Photo by Humas MK/Ifa.

BOGOR, Public Relations of the Constitutional Court—The Constitution and the Constitutional Court (MK) must be disseminated to the public because many people do not know about the Constitutional Court and its authorities, said Chief Constitutional Justice Anwar Usman at the opening of a technical guidance program on judicial review procedural law for the Indonesian Advocates Association (PERADI) on Tuesday (10/3/2020) at the Pancasila and Constitution Education Center, Cisarua, Bogor.

“Not only the public, even officials do not know about the Constitutional Court. Many of them have not read Article 24C of the 1945 Constitution,” Justice Anwar said.

At the program attended by 147 lawyers, Justice Anwar said that Article 24C of the 1945 Constitution stated clearly that the judicial power is carried out by the Supreme Court and the Constitutional Court. “Therefore, [information on the Constitutional Court] should be disseminated, including its procedural law. Not to mention, in 2020 there are changes to the Constitutional Court Regulation,” he said.

Justice Anwar said that if any law violates the constitutional rights of the participants as citizens, they could challenge it in Constitutional Court. “Not only the Advocate Law, but any law that is deemed to have violated [your] rights as citizens. Out of the Court’s four authorities, it could be part of [your] duty as advocates,” he stressed.

Promoting the Constitutional Court

In his report, Secretary General M. Guntur Hamzah stated that the Constitutional Court is one of the judiciary according to the 1945 Constitution, but not a lot of people know the authorities and functions of the Constitutional Court, that is, examine laws against the 1945 Constitution, decide on authority dispute among state institutions, etc. In addition, the Constitutional Court also serves as the guardian of democracy and the Constitution, as reflected by its authority to decide on election results disputes. Guntur also said that the Constitutional Court serves to protect the human rights of citizens. “The Constitutional Court always safeguards this and uphold justice,” he said.

Guntur stressed that the Constitutional Court is an independent judicial institution. He also revealed that all systems in the Constitutional Court are integrated. Petitions registered by the Constitutional Court will be integrated to e-minutation. "Not only [are petitions] integrated, but all case-related files can also be completed in a short time. For example, decisions can be accessed after being read out and e-minutation is completed within 3 days," he explained.

"The Constitutional Court cooperates with PERADI because 6 classes have [joined] the technical guidance program in the Court with a total number of 700 participants," said Guntur.

The program aims to inform that the Constitutional Court has made a Constitutional Court Regulation in 2020, that attorneys (advocates) must file a petition online. I-judiciary reflects the principles of independence, impartiality, integrity, and integration.

PERADI Chairman Fauzi Hasibuan appreciated the Constitutional Court Decision No. 35/PUU-XVI/2018 dated November 28, 2019, in which Peradi is confirmed as the only organization for the advocate profession, with eight authorities in accordance with Law No. 18 of 2003 concerning Advocates.

"The petition was rejected, but the decision became guidelines for organizations to be in one, PERADI. This is an important decision for PERADI," Fauzi said.

The technical guidance program on judicial review was organized for the third time by the Constitutional Court to disseminate the procedural law on judicial review. At the event, which would last for four days (10-13/3/2020), a number of speakers including constitutional justices, registrars, researchers, and constitutional law experts will deliver their presentations. (Lulu Anjarsari)

Translated by: Yuniar Widiastuti

Translation uploaded on 3/12/2020

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