Deputy Chief Justice Aswanto speaking at an online Special Education of Professional Advocate (PKPA), Saturday morning (12/9/2020) in Jakarta. Photo by Humas MK/Gani.

JAKARTA, Public Relations of the Constitutional Court—Deputy Chief Justice of the Constitutional Court (MK) Aswanto spoke at a Special Education of Professional Advocate (PKPA) program on the procedural law in the Constitutional Court, organized by the Indonesian Advocates Association (Peradi) virtually on Saturday, September 12, 2020.

He talked about the legal basis for the establishment of the Constitutional Court, that is, Article 24 paragraph (2) of the 1945 Constitution, which reads, “The judicial powers shall be carried out by a Supreme Court and by its subordinate judicatory bodies dealing with general, religious, military, state administrative judicial fields, and by a Constitutional Court.”

He then explained the Constitutional Court’s authority pursuant to Article 24C paragraphs (1) and (2) of the 1945 Constitution, Law No. 24 of 2003 on the Constitutional Court as amended by Law No. 8 of 2011 especially Article 10 paragraphs (1) and (2), and Law No. 48 of 2009 on the Judicial Powers especially Article 29 paragraphs (1) and (2). Based on those provisions, the Court has four authorities and one obligation. The authorities are related to the judicial review of laws against the 1945 Constitution, the resolution of interagency authority disputes, the dissolution of political parties, and the resolution of general election result disputes. Its obligation is to decide on the House’s opinion of alleged violation committed by the president and/or vice president..

Then the Constitutional Court declared Article 50 of Law No. 24 of 2003 on the Constitutional Court unconstitutional in Decision No. 066/PUU-II/2004 regarding the judicial review of Law No. 1 of 1987 on the Indonesian Chamber of Commerce and Industry (Kadin). “Article 50 stipulates that the laws that the Constitutional Court can review are those promulgated after the amendments to the 1945 Constitution,” he said. Consequently, the Court is now authorized to review all laws. In addition, based on Decision No. 138/PUU-VII/2009, the Court is authorized to review government regulations in lieu of law (perppu), as those regulations creates new norms that has the same force as laws.

From the official residence of the Deputy Chief Justice, he also explained that laws can be reviewed both materially and formally. Material judicial review is related to the content of laws that are deemed in conflict with the 1945 Constitution and is regulated in Article 4 paragraph (2) of the Constitutional Court Regulation (PMK) No. 06/PMK/2005. Formal judicial review is related to lawmaking procedures and is regulated in Article 4 paragraph (3) of the PMK No. 06/PMK/2005. Based on the Constitutional Court Decision No. 27/PUU-VII/2009, a formal judicial review petition can be filed only until 45 days after the law is promulgated in the state gazette, while a material judicial review petition has no deadline.

Writer: Utami Argawati
Editor: Nur R.
Photographer: Gani
Translator: Yuniar Widiastuti (NL)

Translation uploaded on 9/15/2020 11:16 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian version, the Indonesian version will prevail.