Constitutional Justice Daniel Yusmic P. Foekh speaking at the Special Education for Professional Advocates (PKPA) of DPC Peradi of West Jakarta and Bhayangkara Jakarta Raya University, Saturday (11/27/2021). Photo by Humas MK/Bayu.

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Saturday, November 27, 2021 | 14:48 WIB

JAKARTA, Public Relations—Constitutional Justice Daniel Yusmic P. Foekh spoke at a Special Education for Professional Advocates (PKPA) organized by the West Jakarta branch executive board (DPN) of the Association of Indonesian Advocates (Peradi) and Bhayangkara Jakarta Raya University on Saturday, November 27, 2021. He presented a material on “The Constitutional Court’s Procedural Law” to the audience virtually.

He explained that the implementation of the Constitutional Court’s judicial review authority amid the pandemic in 2020-2021. He referred to the Court’s website on the statistics of the judicial review cases and decisions that the Court had worked on. The website showed that it had registered 171 judicial review cases and ruled on 160, 3 interagency dispute cases and ruled on 1, as well as ruled on 151 regional election dispute cases.

“Within 2020 and 2021, the Court has resolved 312 cases per November 22, 2021,” he said.

Justice Foekh went on to explain the Court’s additional authority to review government regulations in lieu of laws (perppu) and regional head election (pilkada) disputes until the establishment of a special judicial body. The authority to review perppu, he said, is based on the Court’s Decision No. 138/PUU-VII/2009, in which the Court declared that the objects of a judicial review petition are laws and perppu. It is also mentioned in Article 2 paragraph (1) of the Constitutional Court Regulation (PMK) No. 2 of 2021. Meanwhile, the Court’s authority to rule on pilkada disputes is mentioned in Decision No. 97/PUU-XI/2013, in which the Court declared that the disputes over the certification of the final election votes were reviewed by the Constitutional Court until the establishment of a special judicial body, pursuant to Article 157 paragraph (3) of Law No. 10 of 2016.

In the one-hour online class, Justice Foekh also encouraged the participants to understand the general aspects of the Constitutional Court’s procedural law by understanding the procedure to file a petition, the things that can be used as evidence, the (preliminary, petition revision, evidentiary) hearings, to the provision of the ruling hearing. After explaining the material in a sequential and detailed manner, he allowed the participants to ask questions and provide responses to his presentation.

Writer        : Sri Pujianti
Editor        : Nur R.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 12/13/2021 10:11 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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