Deputy Registrar I Syukri Asy’ari speaking at the technical assistance program for IKA FH Undip by the Constitution Education Center, Thursday (10/14/2021). Photo by Humas MK/Wijaya.

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Thursday, October 14, 2021 | 13:13 WIB

JAKARTA, Public Relations—Deputy Registrar I Syukri Asy’ari gave a presentation on judicial review petition drafting at the technical assistance program (bimtek) on the Constitutional Court’s (MK) procedural law for judicial review by the Pancasila and Constitution Education Center for the Alumni Association of the Law Faculty of Diponegoro University (IKA FH Undip) on Thursday, October 14, 2021

He first introduced the participants to Articles 3 and 7 of the Constitutional Court Regulation (PMK) No. 2 of 2021, in relation to the parties in a judicial review case: petitioner, testifiers (DPR/House of Representatives, MPR/People’s Consultative Assembly, DPD/Regional Representatives Council, and the Government), and the relevant party. All of them may be represented and/or assisted by counsels with a power attorney or an appointment letter. The petitioner must have suffered a specific, factual, or at least potential loss of constitutional rights, which according to logical reasoning is inevitable.

The Court may summon the House, MPR, DPD, and the Government, which the constitutional justices use to review the case in order to arrive at a verdict. The relevant party is a party who has direct or indirect interest in the subject matter.

The petitioner may request for formal or material judicial review of a law or a perppu (government regulation in lieu of law). Formal judicial review concerns the lawmaking process, while material judicial review concerns the content of articles, paragraphs, or part of a norm deemed unconstitutional.

“At the moment, a provision is being drafted to separate the formal and material judicial review as both are different in terms of deadline. The Court has a deadline to conduct formal material review, so it is prioritized because of its relation to the lawmaking procedure and process. So, the verdict must be immediate. Meanwhile, there is no deadline for material judicial review, so it can follow after a formal review,” explained Syukri, who has served in the Constitutional Court for 14 years.

The petitioner may file a petition onsite or online. The petition must meet the requirements as stipulated in Articles 29, 30, and 31 of the Constitutional Court Law and Articles 9 and 10 of PMK No. 2 of 2021.

“The petition is simple and evidence are attached to the document when it is filed or submitted at the hearings to be approved by the Court,” he said alongside moderator Santhy Kustrihardiani from the Court’s Constitution Education Center.

After listening to the presentations, around 200 participants were divided into 8 online classes to practice drafting a judicial review petition following existing regulations, under the guidance of the Court’s researchers and deputy registrars.

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The bimtek will be taking place for four days, Tuesday-Friday, October 12-15, 2021. Experts will give presentations—Constitutional Justice Arief Hidayat on “The Constitutional Court and the Characteristic of Its Procedural Law,” former Constitutional Justice (2003-2008, 2015-2020) I Dewa Gede Palguna on “Constitutional Interpretation,” and Constitutional Justice Saldi Isra on “The Procedural Law of Judicial Review of Laws Against the 1945 Constitution.” The participants will also practice drafting a judicial review petition both individually and in groups, with the assistance of researchers and deputy registrars.

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

Translation uploaded on 10/15/2021 14:59 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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