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Tuesday, April 27, 2021 | 16:02 WIB

Herifuddin Daulay (Petitioner, on screen) conveying his petition at a preliminary hearing of the Constitutional Court Law, Tuesday (27/4/2021). Photo by Humas MK/Ifa.

JAKARTA, Public Relations—The preliminary material judicial review hearing of Article 60 paragraph (1) of Law No. 24 of 2003 as amended by Law No. 8 of 2011 on the Constitutional Court was held by the Constitutional Court (MK) on Tuesday afternoon, April 27, 2021. The case No. 11/PUU-XIX/2021 was filed by Herifuddin Daulay, who conveyed the petition virtually. Daulay feels aggrieved by the enactment of Article 60 paragraph (1) of the Constitutional Court Law, which reads, “No review may be conducted again on material substance of paragraphs, articles and/or a section of a law which has already been subjected to a review.”

The Petitioner believes the a quo article has definitively limited a judicial review of laws that have been reviewed before. He claims in the petition that despite its substance factually or potentially harming national interests, a law cannot be petitioned by citizens who have the constitutional right to defend the country and who are concerned with the life of the nation.

“The Petitioner [suffers] constitutional loss due to the enactment of Article 60 paragraph (1) of the Constitutional Court Law, which rules that the material substance of paragraphs, articles and/or a section of a law that has already been subjected to a review cannot be reviewed again, has limited the Petitioner’s right and/or authority in defending his country,” Daulay said before the panel chaired by Constitutional Justice Manahan M. P. Sitompul.

In the petition, the Petitioner claims that because of the restriction, he or his offspring could be subjected to colonialism by other nations. To prevent that, he’d like to exercise his right and obligation to defend the nation by filing the judicial review petition so that the law be annulled or declared not legally binding. He also alleges that violations had occurred in the 2019 general elections (pemilu), which prompted him to challenge Law No. 7 of 2017 on General Elections. However, he faced a hurdle due to the a quo article.

Justices’ Advice

Constitutional Justice Manahan M. P. Sitompul applauded the Petitioner, who has a bachelor degree in electrical engineering, and appreciated his efforts to draft the petition on his own.  “However, there are things to note in the petition. There are guidelines to drafting a judicial review petition in the Constitutional Court Regulation No. 2 of 2021,” he said. He also highlighted the structure of the petition.

Constitutional Justice Daniel Yusmic P. Foekh echoed Justice Manahan’s advice. “The MK Regulation No. 2 of 2021 on the Procedural Law on Judicial Review can be accessed on the Court’s website. The Petitioner’s request is detailed in a petitum. Please observe the Constitutional Court Law and Regulation. Then, focus on whether to petition the Constitutional Court Law or the Election Law. If you decide to petition the Constitutional Court Law, then do so,” he said. He also added that the Petitioner should elaborate on his legal standing.

Meanwhile, Constitutional Justice Wahiduddin Adams advised the Petitioner to refer to the petitions on the Court’s website. “Follow the petitions in the Court’s website—the structure, the content, the title, etc. Then, do not only detail the provision regarding the Court’s authority, but also the fact that the Court has authority to adjudicate and rule on the petition,” he said.

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

Translation uploaded on 4/28/2021 15:46 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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