Constitutional Justice Wahiduddin Adams speaking at a Special Education of Professional Advocate organized by Muhammadiyah University of Jakarta and the national executive board of Peradi, Saturday (11/6/2021). Photo by Humas MK/Agung.

---

Sunday, November 7, 2021 | 05:19 WIB

JAKARTA, Public Relations—Constitutional Justice Wahiduddin Adams spoke at the Special Education of Professional Advocate (PKPA) Batch X virtually on Saturday, November 7, 2021. The event was a collaboration between Muhammadiyah University of Jakarta and the national executive board (DPN) of the Association of Indonesian Advocates (Peradi).

“On this occasion, I will emphasize the discussion about the proceedings in the Constitutional Court. Maybe in the future some of you will litigate in the Constitutional Court as petitioners, respondents, or attorneys,” he said.

Justice Wahiduddin explained the Constitutional Court’s four constitutional authorities and one constitutional obligation based on Article 24C paragraph (1) of the 1945 Constitution. Article 10 paragraph (1) letters a to d of Law No. 24 of 2003 in conjunction with Law No. 8 of 2011 on the Constitutional Court affirm the provision by stipulating those authorities and obligation: examining laws against the Constitution, deciding on authority disputes between state institutions whose authorities are granted by the Constitution, and deciding on the dissolution of political parties, and deciding on disputes over general election results. The Court is also obligated to decide on the House of Representatives’ (DPR) opinion on an alleged violation of law committed by the president and/or vice president (impeachment).

“Outside of those five, the Court has a transitional authority to resolve governor, regent, mayor election (pilkada) results disputes mandated to the Court before the establishment of a special judicial body,” he said.

The Court, Justice Wahiduddin added, also has the authority to review government regulations in lieu of laws (perppu) with the consideration that they lead to new legal norms whose force equal that of laws.

The Constitutional Court also has functions derived from its authorities: the guardian of the Constitution, the final interpreter of the Constitution, the guardian of democracy, the protector of the citizens’ constitutional rights, and the protector of human rights.

Characteristics of Constitutional Court’s Procedural Law

Justice Wahiduddin explained the main thing in the Court’s proceedings in relation to the substance of the case and the procedural law is the 1945 Constitution. Laws and Constitutional Court regulations (PMK) are also used in examining, adjudicating, and deciding on cases as long as they do not contradict the Constitution. This cannot be separated from the Court’s authorities to examine constitutional cases.

He also revealed that since its founding in 2003 until October 2021, the Court has passed 1,435 judicial review decisions, 27 decisions on interagency disputes, 676 decisions on election disputes, and 1,132 decisions on regional head election (pilkada) disputes.

He also stated that laws can be reviewed materially and/or formally. Material judicial review concerns the substance of articles, paragraphs, or part of laws or perppu that are deemed in conflict with the 1945 Constitution. Formal judicial review concerns the lawmaking procedure following the 1945 Constitution.

Petitioners, he said, file a petition to the Constitutional Court because their constitutional rights are harmed by the enactment of a law. This constitutional loss must be specific, actual, or potential. In addition, there must be a causal relationship between the perceived loss and the enactment of the norm.

The petitioner could be Indonesian individual or group of citizens, customary law communities, private and public legal entities, as well as state institutions. The petitioner and/or respondent can be assisted or represented by a legal counsel, while public/private entities can be assisted by or appoint a legal counsel. al counsels do not have to be advocates but must be familiar with the procedural law in the Constitutional Court and able to assist the litigants after submitting a letter to the Court.

Justice Wahiduddin also revealed the format of the petition: the petitioner’s profile, an explanation of the Court’s authority, the petitioner’s legal standing, the background of the petition, and the petitum.

Writer        : Nano Tresna Arfana
Editor        : Nur R.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 11/11/2021 10:45 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.

---