Constitutional Justice Suhartoyo speaking at the Special Education for Professional Advocates (PKPA) organized by the Law Faculty of Galuh University (UNIGAL) of Ciamis and DPN Peradi, Friday (1/7/2022). Photo by Humas MK/BPE.

---

Monday, January 10, 2022 | 08:34 WIB

JAKARTA, Public Relations—Constitutional Justice Suhartoyo spoke at a Special Education for Professional Advocates (PKPA) organized by the Law Faculty of Galuh University (UNIGAL) of Ciamis and the national executive board (DPN) of the Association of Indonesian Advocates (Peradi) on Friday, January 7, 2022 virtually.

At the event, he said that advocates must be familiar with procedural law, especially representing petitioners to file a judicial review petition, which requires impairment to the constitutional rights that are granted by the 1945 Constitution due to the enactment of a law.

He also said that the procedure in the Constitutional Court differs from that in other courts. “Why so? Because in litigating in the Constitutional Court, there are differences in relation to the Court’s authorities,” he added.

He then explained the Court’s authorities and obligation. For different authorities, he said, there are different procedures. In a judicial review case of laws against the Constitution, there is no conflict of interests between the parties.

“When the Court exercises its function to review laws against the Constitution, the case does not concern a conflict of interests, but a petition. It is different from the procedure when the Court exercises its other authorities,” he explained.

He explained that laws can be reviewed materially and/or formally. Formal judicial review concerns the lawmaking procedure. Meanwhile, material judicial review concerns articles, paragraphs, or part of the laws. If a formal judicial review petition is granted, he said, the law will not apply because it is no longer legally binding.

“If a material judicial review petition is granted, it is no longer legally binding only limited to the articles, paragraphs, or both the articles and paragraphs of the law petitioned for review,” he added.

Justice Suhartoyo explained that Indonesian citizens or group of citizens with a common interest, customary law communities that live according to the principles of the Unitary State of the Republic of Indonesia (NKRI) as regulated in laws, private and public legal entities, as well as state institutions can file a judicial review petition. They can be assisted or represented by legal counsels, who do not have to be advocates.

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

Translation uploaded on 01/11/2022 14:09 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.

---