Constitutional Justice Suhartoyo speaking at a Special Education of Professional Advocate (PKPA) organized by the University of Pamulang, Saturday (12/7/2021). Photo by Humas MK.
Tuesday, July 13, 2021 | 11:20 WIB
JAKARTA, Public Relations—The procedural law of the Constitutional Court (MK) was formulated based on the Court’s authorities, said Constitutional Justice Suhartoyo when speaking at a Special Education of Professional Advocate (PKPA) of the University of Pamulang (Unpam) virtually on Monday, July 12, 2021. Twenty-five prospective advocates participated in the event.
Justice Suhartoyo talked about the Constitutional Court’s judicial review authority of laws against the 1945 Constitution as well as its authority to decide on authority disputes between state institutions whose authorities are granted by the 1945 Constitution, to decide on the dissolution of political parties, and to decide on disputes over general election results.
“In addition, the Court is also obligated to decide on the DPR’s (House of Representatives’) opinion on an alleged violation of law committed by the president and/or vice president,” he said.
Further explaining “The Procedural Law of the Constitutional Court,” he said that the laws can be reviewed materially and/or formally. Formal judicial review concerns the lawmaking process, while material judicial review concerns the content substance of the law.
“In the Constitutional Court, the petitioner may request either one or both at the same time on the condition that the formal judicial review has a limit of 45 [workdays] since the law is promulgated in the State Gazette,” he added.
He then explained that one of the fundamental differences between the Constitutional Court and other courts in Indonesia is the petitioner’s legal counsel. Advocates can counsel petitioners in the Constitutional Court but such counsels do not necessarily have to be advocates.
“This is a characteristic that separates the Constitutional Court and the Supreme Court and other courts under it, which necessitates advocates. However, empirically, those litigating in the Constitutional Court are advocates, who are seen to be familiar with its procedural law,” said.
Next, Justice Suhartoyo explained that the petitioner must have had their constitutional rights/authorities violated due to the enactment of certain laws. The impairment must be specific and actual, or at least potential, which according to logical reasoning is inevitable. In addition, there must be a causal relationship between the perceived loss and the enactment of the norm.
He then added that a petition can be filed in person to the Constitutional Court or online through its website. He also explained the proceedings—the preliminary examination hearing, the petition revision hearing, the evidentiary hearings, to the ruling hearing.
At the preliminary hearing, the panel of justices gives the petitioner recommendations—to add things or elaborate things more, etc. Therefore, petitioners should not worry whether their petitions are not ideal, because every case is different. The preliminary hearing takes place because there are no opposing parties in a case. So, the constitutional justices can give recommendations as there are no parties that will object to them.
Justice Suhartoyo concluded his presentation by explaining the Constitutional Court’s verdicts. A petition is ruled inadmissible (niet ontvankelijke verklaard) because it doesn’t meet the formal requirements. It is granted in part/entirely when it meets the formal requirements and its substance meets the law in part/entirely. The Court’s ruling that a law is conditionally constitutional is not common in other courts. In that sense, the norm is constitutional under some conditions, or its enactment is delayed.
Writer : Utami Argawati
Editor : Lulu Anjarsari P.
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 7/13/2021 17:20 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.
Tuesday, July 13, 2021 | 11:20 WIB 253