Deputy registrar Rizki Amalia speaking at the technical assistance program on procedural law of judicial review for the Indonesian Legislative Drafters Association (IP3I) virtually, Thursday (11/11/2021). Photo by Humas MK/Wijaya.

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Thursday, November 11, 2021 | 21:11 WIB

JAKARTA, Public Relations—Petitioners in judicial review cases are parties who feel that their constitutional rights and/or authorities are impaired by the enactment of a law. They could be individual Indonesian citizens and groups of people who have the same interests, and customary law communities that live in accordance with the principles of the Unitary State of the Republic of Indonesia as regulated in statutory laws.

“Petitioners could also be private and public legal entities, as well as state institutions,” said deputy registrar Rizki Amalia on the third day of the technical assistance program (bimtek) on procedural law of judicial review for the Indonesian Legislative Drafters Association (IP3I) on Thursday, November 11, 2021, which the Constitutional Court (MK) organized virtually.

She explained that private legal entities could be, for example, limited liability companies (PT) or civil society organizations (CSOs). They must attach their statute/bylaws (AD/ART) to show who can represent them in litigating in the Court, be it the chairperson, the vice chair, or other committee members.

“Whether the person, in this case, the Petitioner, is in the management of the PT or CSO. This must be proven by the appointment decree. Don’t let anyone claim to be a president of a CSO but is not in the management structure,” she said in her presentation on “The Drafting of a Judicial Review Petition of Laws Against the 1945 Constitution.”

State institutions can be petitioners in interagency dispute cases, but they must be those whose authorities are granted by the Constitution.

Also read: Chief Justice Opens Bimtek for Legislative Drafters Association 

Qualifications for Petitioners 

Rizki then explained the qualifications for petitioners in the Constitutional Court. Their constitutional rights and/or authorities granted by the 1945 Constitution must be impaired by the enactment of the law petitioned for review. The impairment must be specific and actual, or at least potential, which according to logical reasoning is inevitable. In addition, there must be a causal relationship between the perceived loss and the enactment of the norm. If the petition is granted, the constitutional loss shouldn’t happen again.

The Court may summon the People’s Consultative Assembly (MPR), House of Representatives (DPR), Regional Representatives Council (DPD), and/or president to testify and/or request the minutes of House sessions on the facts during the discussion of the law/government regulation in lieu of law (perppu), and other matters that the testifiers deem important or the Court requests.

The relevant party is the party whose rights and/or authorities are directly/indirectly impacted by the petition or indirectly but has concerns over the petition.

Also read: Legal Drafting Not Only Concerns Technicality

Rizki then explained the requirements to file a petition, be it online or in person. The document must consist of at least an original written copy of the petition in Indonesian signed by the petitioner/their legal counsel, a photocopy of the identity of the petitioner/their legal counsel, a power of attorney, and a statute/bylaws. It must also at least contain the petitioner’s profile, the Court’s authority, the petitioner’s legal standing, the background of the petition (posita), and the petitum.

After the presentation, the participants practice drafting a petition in groups following the standard format explained in the presentation. Then they practice drafting another individually.

The bimtek was organized by the Constitutional Court in collaboration with IP3I. It took place virtually on Tuesday-Friday, November 9-12, 2021.

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

Translation uploaded on 11/15/2021 10:01 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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