Constitutional Justice Suhartoyo speaking virtually at the Special Education of Professional Advocate of the Law Faculty of the Christian University of Indonesia and the East Jakarta branch executive board of Peradi, Saturday (9/25/2021). Photo by Humas MK/Ilham W.M.

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Saturday, September 25, 2021 | 17:10 WIB

JAKARTA, Public Relations—Procedural law is inseparable from the life of advocates in the Constitutional Court or any court in Indonesia. It is used for settling all types of cases, said Constitutional Justice Suhartoyo at a Special Education of Professional Advocate (PKPA) organized by the Law Faculty of the Christian University of Indonesia and the East Jakarta branch executive board (DPC) of the Association of Indonesian Advocates (Peradi) on Saturday, September 25, 2021.

He said what distinguishes judicial review cases from other types of cases is that there is no applicant and defendant. In such cases, the president, the House of Representatives (DPR), the Regional Representatives Council (DPD), the People’s Consultative Assembly (MPR), or other legislatures do not stand on the opposite of the petitioner, but testify on the history of the law in question. The procedural law for interagency disputes, political party dissolution, and election disputes are the same as that for judicial review but with different characteristics.

“So the summons [of those parties] are to testify before the constitutional justices, not to rebut or even counter the petitioner,” Justice Suhartoyo said before 73 participants that joined the program virtually.

He then explained that laws can be reviewed materially and/or formally by individual citizens, customary law communities, private and public legal entities, and state institutions. The object of formal judicial review is the lawmaking process, while that of the material judicial review is the articles, paragraphs, and/or part of laws.

Counsels in the Constitutional Court do not have to be advocates, as they do not need to rebut an opposing side. Moving on to the proceedings, Justice Suhartoyo said they include a public preliminary hearing where the petitioner conveys the petition and the justices give advice to revise the petition.

“There’s no reason [to fear] the petition being imperfect or subpar because at the preliminary hearing [the petitioner] will be given directions by the justices for anything the petition lacks. In addition, the petitioner can read and study past petitions that have been filed to the Court for reference in the revision. After receiving advice, the petitioner is given 14 days to revise the petition,” he explained. However, the revision is not mandatory, but an alternative.

After explaining the characteristics of the procedural law for judicial review, Justice Suhartoyo also talked about the key points of the settlement of disputes between state institutions, as well as over the presidential, legislative, and local elections, as mandated by the Constitution and statutory laws.

Writer        : Sri Pujianti
Editor        : Nur R.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 9/28/2021 16:59 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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