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Constitutional Justice Suhartoyo speaking at a Special Education of Professional Advocate (PKPA) organized by Peradi and the Law Faculty of Bung Karno University, Friday (6/11/2020) from the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—Any individual or group of Indonesian citizens may file a judicial review petition to the Constitutional Court, said Constitutional Justice Suhartoyo at a virtual Special Education of Professional Advocate (PKPA) on Friday afternoon, November 6, 2020. The event was organized by the Association of Indonesian Advocates (Peradi) in collaboration with Bung Karno University.

He added that customary law communities that live according to the principles of the Unitary State of the Republic of Indonesia, private and public legal entities, as well as state institutions can file a petition to the Constitutional Court. They can be assisted or represented by legal counsels, who do not have to be advocates but must be familiar with the procedural law in the Constitutional Court.

Justice Suhartoyo added that a request for judicial review is called a petition, not a lawsuit, because there are no defendants. The president/Government, the DPR (House of Representatives), and other state agencies are not defendants but those who offer testimonies. The Constitutional Court’s decisions are erga omnes, meaning they apply not only to the petitioners but to all citizens and the law in Indonesia.

To be able to file a petition, the petitioner must argue for the loss of their constitutional rights, which are granted by the 1945 Constitution to all citizens. This loss must be specific, actual, or potential, which according to logical reasoning is inevitable.

He also detailed the authorities of the Court to examine laws against the 1945 Constitution, to decide on authority disputes between state institutions, to and decide on the dissolution of political parties, and to decide on disputes over general election results. It is also obligated to decide on the House’s opinion of alleged violation committed by the president and/or vice president. It is also tasked with an additional authority to decide on disputes over regional head election results.

Justice Suhartoyo said in judicial review cases, the focus is not conflicting interests between the litigants, which makes them different from the procedural law in relation to the other authorities of the Court.

He said the judicial review is formal and/or material. He then talked more about the difference between material and formal judicial reviews. In a material review, the substance of a law is reviewed, and in a formal one the formation process is. If a formal judicial review petition is granted, the entire law petitioned will no longer be in effect as it is no longer legally binding. “If a material judicial review petition is granted, paragraphs and/or articles of the law petitioned will not be legally binding,” he stressed.

Writer: Utami Argawati
Editor: Lulu Anjarsari
Translator: Yuniar Widiastuti (NL)

Translation uploaded on 11/11/2020 20:20 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.

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