Chief Justice Anwar Usman opening the judicial review hearing of Law No. 7 of 2020 on the Third Amendment to the Constitutional Court Law, Tuesday (15/6/2021) in the courtroom of the Constitutional Court. Photo by Humas MK/Ifa.
Tuesday, June 15, 2021 | 13:09 WIB
JAKARTA, Public Relations—The Constitutional Court (MK) held another judicial review hearing of Law No. 7 of 2020 on the Third Amendment to Law No. 24 of 2003 on the Constitutional Court on Tuesday, June 15, 2021. The hearing was for petitions No. 90/PUU-XVIII/2020—filed by Islamic University of Indonesia (UII) law faculty lecturer Allan Fatchan G.W—and No. 100/PUU-XVIII/2020—filed by R. Violla Reinida Hafidz, M. Ihsan Mualana, Rahmah Mutiara, Korneles Materay, Beni Kurnia Ilahi, Giri Ahmad Taufik, and Putra Perdana Ahmad Saifulloh (PetitionersI I-VII).
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The hearing had been scheduled for the testimonies of the House (DPR) and the Government/President. However, the House didn’t attend it because they had a prior engagement; thus, they requested a delay. Similarly, the Government requested a delay because they needed more time to coordinate with various institutions relevant to the case.
“Therefore, the hearing today is postponed until Tuesday, July 6, 2021 at 11:00 WIB to hear the House and the Government/President or their representation,” said Chief Justice Anwar Usman at the hearing in the plenary courtroom.
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The Petitioner of case No. 90/PUU-XVIII/2020 argues that Article 15 paragraph (2) letter d, Article 22, Article 23 paragraph (1) letter d, Article 26 paragraph (1) letter b, and Article 87 of the Constitutional Court Law violates Article 1 paragraph (3), Article 24 paragraph (1), Article 28D paragraph (1), and Article 28D paragraph (3) of the 1945 Constitution. He believes that the formal process of the newly-revised Constitutional Court Law violates and contradicts the provisions on the lawmaking procedure in the Law on the Formation of Laws and Regulations, which implements Article 22A of the 1945 Constitution.
The Petitioner challenges the content of Article 15 paragraph (2) letter d, which raises the age limit for constitutional justices from 47 to 55 years. He believes the limit is not urgent and it isn’t mentioned in the academic text for the Constitutional Court bill. Not to mention, it is against the Constitutional Court Decision No. 7/PUU-XI/2013. Therefore, the legislature has violated the rights of citizens to recognition, guarantee, protection, and fair legal certainty and equal treatment before the law for the provision of this norm.
Meanwhile, the Petitioners of case No. 100/PUU-XVIII/2020 allege that Article 15 paragraph (2) letters d and h, Article 18 paragraph (1), Article 19, Article 20, Article 23 paragraph (1), Article 59 paragraph (2), and Article 87 of the Constitutional Court Law are unconstitutional. They assert that the legislature has manipulated the law under the pretense of following up on the Constitutional Court’s decision. The revision of the law also violates the carry-over principle and the formation of good statutory laws, they argue. It also cannot be accounted for academically and is only a formality. The discussion was carried out behind closed doors without involving the public.
Materially, the Petitioners challenge the limitation of the background of Supreme Court-nominated justice candidates in Article 15 paragraph (2) letter h of the Constitutional Court Law and the position of constitutional justice candidates as the representation of the nominating agencies. They also question the constitutional interpretation of the recruitment system of constitutional justice in Article 19 of the Constitutional Court Law and its elucidation as well as Article 20 paragraphs (1) and (2), as well as that of the minimum age of constitutional justices and their terms of service.
Writer : Sri Pujianti
Editor : Lulu Anjarsari P.
PR : Raisa Ayuditha
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 6/15/2021 18:23 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.
Tuesday, June 15, 2021 | 13:09 WIB 524