Constitutional Justice Daniel Yusmic P. Foekh speaking at a webinar by the Graduate School of Law and Law Faculty of the University of Medan Area, Friday (2/4/2022). Photo by Humas MK/Bayu.

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Friday, February 4, 2022 | 20:50 WIB

MEDAN, Public Relations—Constitutional Justice Daniel Yusmic P. Foekh gave a presentation on “The Constitutional Court’s Preparedness Ahead of the 2024 Election Disputes at a webinar by the Graduate School of Law and Law Faculty of the University of Medan Area. The event took place both onsite and online on Friday, February 4, 2022

In his presentation, Justice Foekh said the Constitutional Court (MK) was born in the Reform Era after the amendment to the 1945 Constitution. Its existence is laid out in Article 24 paragraph (2) of the 1945 Constitution. Meanwhile, Article 2 of the Constitutional Court Law states that the Constitutional Court is one of the state institutions that exercises independent judicial power to administer justice in order to uphold law and justice.

He also mentioned the Court’s four authorities as stipulated in Article 24C paragraph (1) of the 1945 Constitution and its obligation in Article 24C paragraph (2). He also mentioned the Court’s additional authority to rule on cases of disputes over the final results of the regional elections until the establishment of a special judicial body.

A petition is filed because the petitioner has suffered impairment to their constitutional rights/authorities granted by the 1945 Constitution due to the enactment of certain laws. The impairment must be specific and actual, or at least potential according to common sense.

The Court’s decisions are erga omnes, meaning they apply not only to the petitioners but to all citizens and the law in Indonesia. The Court can dismiss (rule inadmissible/niet ontvankelijk verklaard), reject, or grant a petition. Laws can be ruled conditionally constitutional, such as in Decision No. 10/PUU-VI/2008, or conditionally unconstitutional, such as in Decision No. 4/PUU-VII/2009. The Court may also delay the application of a decision, such as in Decision No. 016-PUU-IV/2006, or make a new norm, such as in Decision No. 102/PUU-VII/2009.

The Court, he added, had prepared for potential petitions challenging the 2024 Election results. It has first provided technical assistance to those who would be involved in the resolution of those cases. “We provide the [General Elections Commission (KPU), Elections Supervisory Body (Bawaslu)], political parties, and advocates technical assistance,” he said.

Justice Foekh added that the technical preparations for the hearings related to the 2024 Election would await the latest situation, whether they would be conducted online or onsite.

Meanwhile, substitute registrar Wilma Silalahi explained the general aspects of the Court’s procedural law regarding the petition filing, evidence, court proceedings, and ruling. The petition is filed in writing in Indonesian, following the requirements, free of charge. The evidence could be a letter, witness testimony, expert testimony, and other piece of evidence that can be stored electronically.

Writer        : Bayu Wicaksono
Editor        : Lulu Anjarsari P.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 2/7/2022 11:12 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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