Constitutional Justice Suhartoyo speaking at the Special Education of Professional Advocate of the University of Pamulang and the national executive board of Peradi, Monday (9/27/2021). Photo by Humas MK/Ilham W.M.

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Monday, September 27, 2021 | 21:21 WIB

JAKARTA, Public Relations—Constitutional Justice Suhartoyo delivered a keynote speech at the Special Education of Professional Advocate (PKPA) by the University of Pamulang and the national executive board (DPN) of the Association of Indonesian Advocates (Peradi) on Monday, September 27, 2021. He talked about the Constitutional Court’s (MK) authorities that are granted by the Constitution, such as to review laws against the 1945 Constitution (judicial review).

He explained that, based on Article 51 of the Constitutional Court Law, Indonesian citizens, customary law communities, private and public legal entities, and state institutions whose constitutional rights are violated due to the enactment of a norm may file a petition online on the Court’s website or in person. The petition format can be seen from previous cases.

After the petition is filed and the administrative requirements are fulfilled, the Court holds a preliminary hearing where a panel of three constitutional justices give advice to the petitioner. The petitioner is then given 14 weekdays to revise the petition. In the next hearing, the revised petition is brought before the justices.

“The petitioners need not worry about the petition requirements because there is a forum where the justices give advice to revise the petition. The advice is not binding. It may be followed or not as the petitioner might have a different interpretation and what they convey in the petition has followed the procedure in the [Constitutional Court Regulations (PMK)],” Justice Suhartoyo said from his office in the Constitutional Court, Jakarta.

Part of Evidence

In the Q&A session, a participant named Sigit asked about the testimonies of experts in the hearings. Justice Suhartoyo said they are part of evidence. Witness’ statements and written statements of experts are evidence and are of equal standing.

“It comes to the justices to judge the evidence, be it the parties’ or the experts’ testimonies. They are equal. If they convince the justices, the justices will believe in the testimonies and view them as part of their legal considerations in the decision,” Justice Suhartoyo said.

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

Translation uploaded on 9/28/2021 10:31 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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