Deputy Chief Justice Aswanto officially closing the APHTN-HAN Legal Drafting Program Batch IV, Friday (9/24/2021). Photo by Humas MK/Teguh.

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Friday, September 24, 2021 | 15:52 WIB

JAKARTA, Public Relations—Deputy Chief Justice Aswanto officially closed the technical assistance program (bimtek) on Legal Drafting Batch IV for the Association of Constitutional and Administrative Law Lectures of Indonesia (APHTN-HAN) virtually on Friday, September 24, 2021. Acting Head of the Pancasila and Constitution Education Center Imam Margono and Director of Regional Regulation Planning Facilitation and Training Nuryanti Widyastuti were in attendance.

Justice Aswanto expressed his hope that the presentations in the program would provide more insight and perspective into legal drafting and that the APHTN-HAN members would transfer the materials to their students. The Court not only intends to introduce its judicial review authority through this program, but also to take part in legal drafting so that the laws and regulations that the Government and the House of Representatives (DPR) form will be more in line with legal drafting norms as regulated in the Constitution and the Lawmaking (P3) Law.

“The duties and authorities of the Court are very closely related designing a good law. For this reason, in accordance with its main duties and functions, the Court is increasingly helped when laws and regulations are made by parties who have comprehensive knowledge. In line with that, the Court as the guardian of democracy and human rights also hopes that, in addition to the substance being in line with the Constitution, the resulting laws are also in accordance with lawmaking procedures as regulated in the Constitution and the Lawmaking Law,” he explained.

Formal Judicial Review and Court’s Development

Justice Aswanto also discussed the Court’s development in relation to judicial review. The Court had agreed to give precedence to the formal judicial review in cases where the petitioner file a formal and material judicial review petition. In addition, the Court imposes a 60-day deadline for resolving these cases. Hopefully if a petition is granted, the consequences will not be too broad. “If a statutory law is drafted as it should be, the Court does not need to be preoccupied with formal judicial review,” he said.

He also alluded to the importance of the Court’s partners, including the Ministry of Law and Human Rights and APHTN-HAN, which consists of academics. Cooperation with academics not serves to increase MoUs, but is a necessity. The nine constitutional justices need ideas from academics at the Court’s hearings to better understand the legal issues that occur in society.

“The Court often invites experts and organize FGDs to discuss the issues petitioned to the Court. [I] hope that APHTN-HAN members are always willing to provide input for the Court so it can improve according to the agenda of its formation. Without criticism and suggestions, I am afraid that the constitutional justices could be wrong in making decisions. Thus, academics who are members of the APTHN HAN are expected not to be silent about what is happening in the Court, but to always provide criticism and inputs because the Court does not belong to the nine constitutional judges, but to the nation,” he said.

The bimtek took place for five days on Monday-Friday, September 20-24, 2021. It was organized by the Constitutional Court’s Pancasila and Constitution Education Center (Pusdik) in collaboration with the Ministry of Law and Human Rights and the Association of Constitutional and Administrative Law Lectures of Indonesia (APHTN-HAN).

Writer        : Sri Pujianti
Editor        : Lulu Anjarsari P.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 10/4/2021 03:03 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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