Deputy Chief Justice Aswanto speaking atthe online Special Education of Professional Advocate (PKPA) Batch VIII organized by the Indonesian Advocates Association (Peradi) in collaboration with Halu Oleo University through Zoom on Sunday (4/10/2020) from Jakarta. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—Deputy Chief Justice Aswanto spoke at the online Special Education of Professional Advocate (PKPA) Batch VIII on “The Constitutional Court’s Procedural Law.” The event was organized by the Indonesian Advocates Association (Peradi) in collaboration with Halu Oleo University on Sunday, October 4, 2020 through Zoom.

Justice Aswanto talked about the basis of the establishment of the Constitutional Court, i.e. 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 Court.”

He then explained that the Constitutional Court’s authorities are regulated in Article 24C paragraphs (1) and (2) of the 1945 Constitution, Law No. 24 of 2003 on the Constitutional Court amended by Law No. 8 of 2001 Article 10 paragraphs (1) and (2), as well as Article 29 paragraphs (1) and (2) of Law No. 48 of 2009 on Judicial Powers.

Based on those provisions, the Court has four authorities and one obligation. The authorities are examining laws against the 1945 Constitution, deciding on authority disputes among state institutions, deciding on the dissolution of political parties, and deciding on disputes over election results. The Court is also obligated to decide on the House’s opinion on an alleged violation of law committed by the president and/or vice president based on the Constitution.

However, the Constitutional Court declared Article 50 of Law No. 24 of 2003, which stipulates that the Court can only rule on laws that have been promulgated after the amendments to the 1945 Constitution, unconstitutional in Decision No. 066/PUU-II/2004 on the judicial review of Law No. 1 of 1987 on the Chamber of Commerce and Industry. Therefore, the Court is authorized to rule on all laws that have been promulgated. In addition, according to Decision No. 138/PUU-VII/2009, the Court ruled itself authorized to review government regulations in lieu of laws (perppu) as they create new legal norms whose force is equal to that of laws.

Justice Aswanto also said that the judicial review is formal and/or material. The material judicial review is related to the content of the paragraphs, articles, and/or parts of laws that are deemed in conflict with the 1945 Constitution. The formal judicial review is related to lawmaking procedures and those not included in the material review. 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.
Translator: Yuniar Widiastuti (NL)

Translation uploaded on 10/13/2020 12:22 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.