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Deputy Registrar Rizky Amelia speaking at a technical assistance program on the Constitutional Court’s procedural law for judicial review for the Association of Lecturers on Procedural Law of the Constitutional Court (APHAMK) virtually, Thursday (5/8/20021). Photo by Humas MK/Teguh.

Thursday, August 5, 2021 | 11:53 WIB

JAKARTA, Public Relations—On Thursday, August 5, 2021, the technical assistance program (bimtek) on the Constitutional Court’s (MK) procedural law for judicial review for the Association of Lecturers on Procedural Law of the Constitutional Court (APHAMK) continued on the third day. Deputy Registrar Rizky Amelia delivered a presentation on the Drafting of Judicial Review Petition.

Rizky explained that based on Article 3 and Article 7 paragraph (1) of the Constitutional Court Regulation, the litigating parties are the petitioner(s), the testifier(s), and the relevant part(ies).

“The three of them may be represented by a counsel based on a power of attorney and/or be assisted by one based on a letter of recommendation,” she explained.

Also read: Court Holds Technical Assistance on Procedural Law for APHAMK

Rizky explained that a petitioner is the party that feels their constitutional rights and/or authority are harmed due to the enactment of a law. The petitioner may be Indonesian citizens (or group of citizens with a common interest), customary law communities that live according to the principles of the Unitary State of the Republic of Indonesia (NKRI) and statutory laws, private and public legal entities, as well as state institutions.

The petitioner must explain the violation to their constitutional rights and/or authority, which are granted by the 1945 Constitution, due to the enactment of the law petitioned for review.

Risky explained that the constitutional impairment must be specific and actual, or at least potential according to common sense. There must be a causal relationship between the impairment and the law petitioned for review.

Also read: APHAMK Learns Constitutional Court’s Procedural Law

Testifiers

Rizky explained further that the Court may request for a testimony and/or a meeting transcript related to the case from the People’s Consultative Assembly (MPR), the House of Representatives (DPR), the Regional Representatives Council (DPD), and/or the president. The testimony should at least cover facts that occur in the discussion and/or the meeting transcript of the law or government regulation in lieu of law (perppu) in question, or other things. “Parties aside from the testifiers are relevant parties,” she said.

The relevant party, Rizky explained, is the party that has direct and/or indirect interest in the subject of the petition, whose rights and/or authority are directly and/or indirectly affected by it. An relevant party may be indirectly affected but have concerns over the petition.

Risky also explained that the petition is a written request to the Constitutional Court for the judicial review of a law or a perppu against the 1945 Constitution. Laws can be reviewed materially and/or formally. Material judicial review concerns the content of articles, paragraphs, or part of laws or perppu that are deemed in conflict with the 1945 Constitution, while formal judicial review concerns the lawmaking process.

“A petition may be filed in person or online. The document should at least include a written petition in Indonesian, signed by the petitioner/counsel, a copy of the petitioner/counsel’s ID card, the Court’s authority, the petitioner’s legal standing, the background of the petition, and the petitum,” Rizky detailed.

After the presentation, the participants practiced drafting a petition with the assistance of other deputy registrars. The virtual bimtek will be taking place for four days, Tuesday-Friday, August 3-6, 2021 with 120 participants.

Writer           : Utami Argawati
Editor          : Lulu Anjarsari P.
Translator     : Yuniar Widiastuti (NL)

Translation uploaded on 8/9/2021 10:45 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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