Constitutional Justice Suhartoyo speaking on the third day of the Special Education of Professional Advocate of the University of Pamulang and the national executive board of Peradi virtually, Tuesday (11/30/2021). Photo by Humas MK/Ilham W.M.

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Tuesday, November 30, 2021 | 15:41 WIB

JAKARTA, Public Relations—Constitutional Justice Suhartoyo delivered a presentation at the Special Education of Professional Advocate (PKPA) by the Association of Indonesian Advocates (Peradi) and the University of Pamulang on Tuesday, November 30, 2021. He talked about “The Constitutional Court’s Procedural Law” virtually.

The Constitutional Court’s authority, he said, comes from the mandate of Article 24 paragraphs (1) and (2) of the 1945 Constitution, which is delegated to Article 10 of Law No. 24 of 2003 and Article 29 paragraphs (1) and (2) of Law No. 48 of 2009. These authorities are: reviewing laws against the Constitution, deciding on authority disputes between state institutions, deciding on the dissolution of political parties, and deciding on disputes over general election results. The Court is obligated to decide on the House’s opinion on an alleged violation of law committed by the president and/or vice president pursuant to the Constitution.

He also explained that Indonesian citizens who feel that their constitutional rights are violated by the enactment of a law can file a petition to the Court. Beforehand, they must learn about the Court’s procedural law. “In this authority, there is no direct interest as there are petitioners but no respondent in the case,” Justice Suhartoyo explained.

Meanwhile, in disputes between state institutions, the dissolution of political parties, and disputes over general election results, there are parties with interests in the case. In such cases, often the litigants engage in a debate with one another.

Special Characteristics of Judicial Review

Justice Suhartoyo also discussed at length the special characteristics of the Court’s judicial review authority. Each authority, he said, comes with a set of procedural law.

“When the Court exercise its authority to review laws against the Constitution, the content of the case is not disputes of interests between the parties. However, it is a petition. Its [procedural law] is different from that when the Court exercises other authorities,” he explained.

He also said that the president and the House of Representatives (DPR) and state institutions serve to testify for the Court in a judicial review case. Thus, they are not respondents.

Laws can be reviewed materially and/or formally. Formal judicial review concerns lawmaking procedure. “So [it concerns] the formality of the enactment of a law that does not meet formal requirements,” Justice Suhartoyo explained. Meanwhile, material judicial review concerns articles, paragraphs, and/or part of laws. If a formal judicial review petition is granted, the law no longer applies as it is no longer legally binding.

Writer        : Utami Argawati
Editor        : Lulu Anjarsari
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 12/13/2021 14:34 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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