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Constitutional Justices Arief Hidayat (panel chair), Enny Nurbaningsih, and Manahan M. P. Sitompul at the petition revision hearing of the judicial review of Article 87 of Law No. 7 of 2020 on the Constitutional Court, Tuesday (15/12/2020) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) held a virtual petition revision hearing of the judicial review of Article 87 of Law No. 7 of 2020 on the Third Amendment to Law No. 24 of 2003 on the Constitutional Court virtually on Tuesday, December 15, 2020. The petition No. 97/PUU-XVIII/2020 was filed by advocates Suhardi and Linda Yendrawati Puspa.

Ferdian Sutanto, one of the Petitioners’ attorneys, read out the requirements for constitutional justices, which the Petitioners focus on. Article 15 paragraph (1) of the Constitutional Court Law states that a constitutional justice must have integrity and impeccable personality, fairness, statesmanship, and mastery of the Constitution and constitutionalism. The petition also puts an emphasis on the structure of the Constitutional Court as stipulated in Article 4 paragraphs (1) and (2) of Law No. 24 of 2003 on the Constitutional Court: “(1) The Constitutional Court shall be composed of 9 (nine) constitutional justices who are determined by a Presidential Decree. (2) The structure of the Constitutional Court justices shall consist of 1 (one) Chief Justice concurrently acting as member, 1 (one) Deputy Justice concurrently acting as member, and 7 (seven) constitutional justices as members.”

Ferdian said the Petitioners, who are advocates, aspire to be constitutional justices. However, the current constitutional justices will continue to serve in their office until they reach 70 years of age or for no longer than 15 years without any limitation or fit and proper test according to Article 87 letter b of the Constitutional Court Law, while Article 22 of Law No. 24 of 2003 regulates that constitutional justices serve for 5 years and may be reelected for another term. The Petitioners deem this detrimental to them.

The Petitioners believe that if the Court declare Article 87 letter b of the Constitutional Court Law violating Article 27 paragraph (1) and Article 28D paragraph (1) of the 1945 Constitution and not legally binding, there could be a legal vacuum. Therefore, they requested that the Court declare the a quo norm conditionally constitutional insofar as interpreted as “b. The constitutional justices currently serving upon the promulgation of this Law shall be deemed to have qualified pursuant to this Law and shall complete their tenure of office until the age of 70 (seventy) during the entire tenure of office of no more than 15 (fifteen) years, on the condition that they meet a fit and proper test as well as physical and mental health assessment every 5 (five) years by the Ethics Council of the Constitutional Court objectively” as well as set a limitation so that the potential loss of the Petitioners wouldn’t occur.

Also read: Advocates Challenge Provision on Constitutional Justice’s Term 

The petition No. 97/PUU-XVIII/2020 was filed by advocates Suhardi and Linda Yendrawati Puspa. They challenge Article 87 of the Constitutional Court Law. Article 87 letter a reads, “The constitutional justice currently serving as the Chief Justice or the Deputy Chief Justice of the Constitutional Court shall continue to serve as the Chief Justice or the Deputy Chief Justice of the Constitutional Court until his/her tenure of office expires under the provisions of this Law.” Article 87 letter b reads, “The constitutional justices currently serving upon the promulgation of this Law shall be deemed to have qualified pursuant to this Law and shall complete their tenure of office until the age of 70 (seventy) during the entire tenure of office of no more than 15 (fifteen) years.”

Both Petitioners felt aggrieved by the enactment of the article, which they deem not in accordance with the principles of a law-based state in providing legal protection and certainty, leading to the violation of their constitutional rights. As part of the law enforcement and citizens who intended to commit to the enforcement of the law, they felt harmed by the article.

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

Translation uploaded on 12/17/2020 07:48 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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