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Panel judicial review hearing of the Constitutional Court Law, Wednesday (24/11/2020) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Gani.

JAKARTA, Public Relations of the Constitutional Court—The petition revision hearing of the judicial review of Law No. 7 of 2020 on the Third Amendment to Law No. 24 of 2003 on the Constitutional Court was held by the Constitutional Court (MK) held on Tuesday afternoon, November 24, 2020. The hearing of case No. 96/PUU-XVIII/2020 was presided over by Constitutional Justices Wahiduddin Adams (panel chair), Manahan M. P. Sitompul, and Daniel Yusmic P. Foekh.

Sidik, one of the Petitioner’s attorneys, conveyed the revision based on the justices’ advice at the preliminary hearing, which include the wording of the articles in the newly-revised Constitutional Court Law, the elaboration on the Constitutional Court decisions on provisions on the Constitutional Court’s authorities, the reason of the petition, and the Petitioner’s constitutional impairment.

“The Petitioner also added an elaboration on erga omnes [the Court decision applying to everyone] and the constitutionality of Article 87 letter b with opinions of experts. The Petitioner believes it would be too much if the legal standing requires that only currently serving constitutional justices can file the petition,” he said.

Also read: Constitutional Court Law Said to Have Restricted Constitutional Justice Candidates 

The petition No. 96/PUU-XVIII/2020 was filed by advocate Priyanto, who challenges Article 87 letters a and b of the Constitutional Court Law. Article 87 letter a reads, “The constitutional justices who currently serve as the Chief Justice and the Deputy Chief Justice of the Constitutional Court shall continue to serve as the Chief Justice and the Deputy Chief Justice of the Constitutional Court until their term of office ends based on the provisions of this Law.” Article 87 letter b reads, “The constitutional justices who currently serve at the time this Law is promulgated shall be deemed to have fulfilled the requirements according to this Law and shall complete their term of service until the age of 70 (seventy) years, as long as the entire term of service does not exceed 15 (fifteen) years.”

The Petitioner aspires to be a constitutional justice as he has met the requirements laid in Article 15 of the Constitutional Court Law: is 55 years old, has earned a doctoral degree with an undergraduate degree in law, has had work experience in law of more than 15 years, and has a tax identification number (NPWP). He also aspires to be a chief/deputy chief constitutional justice. Therefore, he believes the provision of Article 87 letters a and b of the Constitutional Court Law has led to real constitutional impairment for him.

The article stipulates that the term of constitutional justices who currently serve will extend until a total of 15 years, even if they are under 55 years of age. The article eliminated of the need to reappoint a constitutional justice who doesn’t meet the age requirement stipulated in Article 15 of the Constitutional Court Law. It also potentially keeps the Petitioner from obtaining fair legal certainty and equal treatment before the law based on Article 28D paragraph (1) of the 1945 Constitution.

The Petitioner requested that the Constitutional Court declare Article 87 letter b of the Constitutional Court Law unconstitutional and not legally binding insofar as not interpreted “The constitutional justices who currently serve must be 55 years of age.” He believes the norm should read, “The constitutional justices who currently serve at the time this Law is promulgated shall continue their term provided that they have fulfilled the requirements according to Article 15 of this Law and complete their term of service until the age of 70 (seventy) years, as long as the entire term of service does not exceed 15 (fifteen) years.”

The Petitioner believes Article 87 letter a of the Constitutional Court Law should be declared unconstitutional and not legally binding insofar as not interpreted “The constitutional justices who currently serve as the Chief Justice and the Deputy Chief Justice of the Constitutional Court shall end their term as the Chief Justice and the Deputy Chief Justice of the Constitutional Court if a Chief Justice and a Deputy Chief Justice has been inaugurated based on the provision of Article 4 paragraph (3) of this Law.”

Writer: Nano Tresna Arfana
Editor: Nur R.
PR: Muhammad Halim
Translator: Yuniar Widiastuti (NL)

Translation uploaded on 11/25/2020 14:14 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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