Constitutional Justices Saldi Isra and Suhartoyo gave a public lecture at Udayana University, Bali, Saturday (10/23/2021). Photo by Humas MK/Yuwandi.

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Saturday, October 23, 2021 | 22:07 WIB

BALI, Public Relations—Constitutional Justices Saldi Isra and Suhartoyo gave a public lecture on “The Judicial Review of Perppu in Indonesia’s Administration System” at Udayana University, Bali and handed over the collaborative Smart Board Mini Courtroom to the university on Saturday, October 23, 2021. The university’s Law Faculty Dean and Constitutional Justice of 2003-2008 and 2015-2020 I Dewa Gede Palguna was also in attendance. 

Justice Saldi talked about the terminology issue concerning government regulations in lieu of laws (perppu), especially the phrases “compelling crisis situation,” “subsequent meeting,” and “in case of disapproval.” “So, there are three issues of the perppu in the administration system that need to be reviewed,” he said.

He added that the phrase “compelling crisis situation” in Article 22 paragraph (1) of the 1945 Constitution is measured through the president’s subjective constitutional right. Some believe concerns subjective emergency constitutional law.

The phrase “subsequent meeting” in Article 22 paragraph (1), he said, is interpreted as the meeting after the perppu is passed.

Meanwhile, Article 22 paragraph (3) on the House of Representatives’ (DPR) approval, he said, means that the perppu faces the options of “approval” or “disapproval.” If it is approved by the House, it will pass into law. If it is not, it must be revoked, as per Article 52 paragraph (6) of Law No. 12 of 2011.

Judicial Review of Perppu

At the same event, Constitutional Justice Suhartoyo in his lecture said that the legal basis for the Court’s judicial review authority of the perppu is the Decision No. 138/PUU-VII/2009 on the judicial review of Perppu No. 4 of 2009 on the Amendment to Law N0. 32 of 2002 on the Corruption Eradication Commission. In this decision, the Court mentions three requirements for the president to issue a perppu in a “compelling crisis situation.”

He also explained the content of a perppu. A perppu, he said, is at the same level as a law (UU), but it has different requirements. He believes it is the only regulation by the president that is not passed to execute a law. The perppu awaits the House’s approval before it is passed into law.

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

Translation uploaded on 10/27/2021 12:08 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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