Constitutional Justice Suhartoyo giving a public lecture for the Sharia and Law Faculty of the Sunan Kalijaga State Islamic University of Yogyakarta, Saturday (10/2/2021). Photo by Humas MK/Panji.

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Sunday, October 3, 2021 | 15:55 WIB

YOGYAKARTA, HUMAS MKRI - Hakim Konstitusi Suhartoyo menjadi pembicara dalam Kuliah Umum yang diselenggarakan Fakultas Syariah dan Hukum (FSH) Universitas Islam Negeri (UIN) Sunan Kalijaga (Suka) Yogyakarta pada Sabtu (2/10/2021). Dalam kegiatan ini, Suhartoyo memaparkan materi bertajuk “Hukum Acara Mahkamah Konstitusi” di hadapan 700 peserta kuliah daring melalui Zoom dan luring dari Yogyakarta.

Justice Anwar further explained the Court’s authorities are stipulated in that Article 24C paragraphs (1) and (2) of the 1945 Constitution, delegated to Article 10 of Law No. 24 of 2003 on the Constitutional Court, and Article 29 paragraph2 (1) and (2) of Law No. 48 of 2009 on Judicial Power. They are to review laws against the 1945 Constitution, to decide on authority disputes between state institutions, to decide on the dissolution of political parties, and to decide on disputes over general election results. It is also obligated to decide on the House’s opinion on an alleged violation of law committed by the president and/or vice president.

Explaining judicial review, he said Indonesian citizens who feel that their constitutional rights have been violated due to the enactment of a law must first understand the procedural law on judicial review before filing a petition.

“There is no direct interest in judicial review cases as there is a petitioner but no respondent,” he said. In exercising the other authorities, however, there are may parties with direct interests in the cases. Debates between the disputing parties are commonplace.

Special Characteristics of Judicial Review

Justice Suhartoyo also talked about the special characteristics of judicial review hearings. The president, the House of Representatives (DPR), and state institutions appear before the Court to testify not as respondents.

He also explained that the petitioners may challenge laws formally and materially. Formal judicial review concerns the lawmaking requirements. Such petitions are limited under a 45-day deadline since the law is promulgated. Meanwhile, in a material judicial review case, the petitioner challenges the paragraph and phrases in a norm they believe to be unconstitutional.

Writer        : Bambang Panji Erawan/Sri Pujianti
Editor        : Nur R.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 10/5/2021 08:55 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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