Constitutional Justice Saldi Isra speaking at the Special Education of Professional Advocate of the Islamic Faculty of the Islamic University 45 of Bekasi and the national executive board of Peradi, Saturday (9/25/2021). Photo by Humas MK/Panji.

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Saturday, September 25, 2021 | 21:59 WIB

JAKARTA, Public Relations—Constitutional Justice Saldi Isra delivered a presentation on the Constitutional Court’s procedural law on judicial review at the Special Education of Professional Advocate (PKPA) of the Islamic Faculty of the Islamic University 45 of Bekasi and the national executive board (DPN) of the Association of Indonesian Advocates (Peradi) virtually on Saturday morning, September 25, 2021.

He said there is only one party in a judicial review case: the petitioner. However, the Court requires information from the House of Representatives (DPR) and the president or other parties as the legislatures. “The House, the president, or other parties’ [testimony] is regulated in Article 54 of the Constitutional Court Law as testifiers,” he said.

He believes the petitioners often misunderstand that the House and the president are their opponents, when they are summoned by the Court because it needs their explanation as legislatures. If the Court and the constitutional justices feel that they can rule a judicial review case without inviting the House and the president, they will do so.

“So, their presence in the Court is not mandatory, but because the Court needs them. The Court often requests other parties to testify as a kind of volunteers,” he said. 

Petition Filing Process

Justice Saldi also explained the petition filing process. After the petitioner files a petition to the Court, the Registrar’s Office will check the completeness of the petition and the evidence. It will request the petitioner to complete it when they have not.

Afterward, the petition is submitted again and the case is registered in the constitutional case registration book (BRPK). The registered petition is then handed to the chief justice, who then appoints a panel of justices to hold a preliminary hearing.

Before examining the principal of the petition, Justice Saldi added, the Court holds a preliminary hearing to examine the completeness and clarity of the petition’s substance, which is presided over by three constitutional justices. The Court through this panel of justices is mandated by the law to give the petitioner advice.

The petitioner or their counsel is given fourteen workdays to revise the petition and complete it. Then, the revised petition is submitted to the Registrar’s office, so that the revision hearing can be scheduled. 

Writer        : Utami Argawati
Editor        : Nur R.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 9/27/2021 21:40 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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