Senior Researcher Pan Mohamad Faiz speaking at the Constitution Awareness Program for Transformational Teachers Batch II virtually, Wednesday (3/30/2022). Photo by Humas MK/Teguh.

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Wednesday, March 30, 2022 | 15:16 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) is not on a pedestal since many judicial review petitions filed by citizens were granted by the Court, resulting in policy changes by the Government. As such, teachers can also bring about significant change not only to the school, but also the community and the country, said the Court’s Senior Researcher Pan Mohamad Faiz at the Constitution Awareness Program for Transformational Teachers Batch II virtually from the Constitutional Court building in Jakarta on Wednesday, March 30, 2022.

In his presentation on “The Constitutional Court and the Procedural Law of Judicial Review of Laws Against the 1945 Constitution,” he introduced to the transformational teachers the position and authorities of the Constitutional Court, the aspect of its procedural law, and its procedural law for judicial review. He also explained the hierarchy of legislation in Indonesia.

“Within that hierarchy, only laws can be petitioned in the Constitutional Court. Meanwhile, regulations under the law, such as ministerial regulations can be petitioned in the Supreme Court,” he said alongside moderator Santhy Kustrihardiani from the Court's Pancasila and Constitution Education Center (Pusdik).

Then, Faiz explained in a detailed and clear manner the principles of the hearings, the procedural law with types of judicial review, and the parties who can apply for a judicial review petition to the Court.

Petition Drafting

Next, Substitute Registrar Rizki Amelia explained the drafting of judicial review petition. Based on Article 3 and Article 7 paragraph 1 of the Constitutional Court Regulation (PMK) No. 2 of 2021, she said, the litigating parties in the Court are the petitioner(s), the testifiers, and the relevant part(ies). They can be represented by legal counsels based on according to a special power of attorney and/or accompanied by assistants after submitting a request letter to the Court.

“It must be noted that legal counsels and assistants are different. Legal counsels have the right to speak in court due to the power granted by the grantor. Meanwhile, assistants do not have the right to speak in court because they only accompany the petitioner(s), so they don’t have the right to answer the justices,” Rizki explained.

After the presentations, the participants were divided into 8 small groups to practice drafting a petition with the guidance of the Court’s substitute registrars. 

Also read:

Guarantee of Constitutional Rights Develop Following Citizens’ Needs

Justice Arief Hidayat: Pancasila, Ideal Ideology for Heterogeneous Country

The event took place for four days, Monday-Thursday, March 28-31, 2022, featuring the best speakers and materials in constitutional law. After listening to the presentations, the participants will be instructed on the technique of drafting judicial review petition and to practice writing one. At the end of the event, their work will be evaluated.

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

Translation uploaded on 4/11/2022 17:39 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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