Constitutional Justice Suhartoyo speaking at the Special Education of Professional Advocate by the University of Pamulang and the national executive board of Peradi virtually, Tuesday (3/29/2022). Photo by Humas MK/Bayu.

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Wednesday, March 30, 2022 | 13:52 WIB

JAKARTA, Public Relations—The Constitutional Court’s procedural law for judicial review is divided for formal and material judicial review. The two mechanisms have different specifications. The formal judicial review concerns the lawmaking procedure, while the material judicial review concerns the material content of the laws, said Constitutional Justice Suhartoyo at the Special Education of Professional Advocate (PKPA). The event was organized by the national executive board (PN) of the Association of Indonesian Advocates (Peradi) and the University of Pamulang virtually on Tuesday, March 29, 2022.

Continuing the presentation, he talked about the petitioners and the object of the judicial review petition. Indonesian citizens or group of citizens with a common interest, customary law communities, private and public legal entities, as well as state institutions may become petitioners, pursuant to Article 51 of the Constitutional Court Law and Article 4 of the Constitutional Court Regulation (PMK) No. 2 of 2021.

Meanwhile, Justice Suhartoyo added, the object of the formal judicial review is the process of formulating a law. It has a deadline of 45 days since the norm is promulgated. Meanwhile, the objects of material judicial review are articles, paragraphs, or part of laws.

He then talked about constitutional impairment according to Article 4 paragraph (2) of PMK No. 2 of 2021, which concerns the constitutional rights and/or authorities granted by the 1945 Constitution that the petitioner believes to be impaired by the enactment of the law petitioned. The impairment must be specific and actual, or at least potential, which according to logical reasoning is inevitable. In addition, there must be a causal relationship between the perceived loss and the enactment of the norm. If the petition is granted, the constitutional loss would not happen again.

Justice Suhartoyo also introduced the participants to the proceedings in the Constitutional Court, starting from the preliminary hearing, the examination hearings, until the ruling hearing.

“However, not all petitions in the Constitutional Court are clear and then ruled on. There are petitions that are obscure, so they are immediately ruled on by the Court after a justice deliberation meeting with the nine constitutional justices,” he explained.

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

Translation uploaded on 4/11/2022 11:01 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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