Substitute registrar Syukri Asy’ari delivered a presentation on “The Drafting of a Judicial Review of Law Against the 1945 Constitution” at the constitution awareness program for the board and members of the Corps of Indonesian Muslim Students Alumni (KAHMI) virtually, Thursday (5/19/2022). Photo by Humas MK/Widjaja.

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Thursday, May 19, 2022 | 13:22 WIB

JAKARTA, Public Relations—The Constitutional Court’s (MK) substitute registrar Syukri Asy’ari delivered a presentation on “The Drafting of a Judicial Review of Law Against the 1945 Constitution” at the constitution awareness program for the board and members of the Corps of Indonesian Muslim Students Alumni (KAHMI), organized by the Constitutional Court virtually on Thursday, May 19, 2022.

He said that a judicial review (PUU) case is a one-party case where the norms of laws (UU) are reviewed. “There is a petitioner but no respondent or adversary,” he said.

Syukri then explained the parties in such a case: a petitioner(s), testifiers, and the relevant part(ies). All of them can be represented by a legal counsel based on a special power of attorney and/or assisted by an assistant with a request letter submitted to the Court.

He explained that a petitioner is a person who believes that their constitutional rights and/or authorities are harmed by the enactment of a law. They could be individual citizens or a group with a common interest, customary law communities that live according to the principles of the Unitary State of the Republic of Indonesia, private and public legal entities, as well as state institutions.

The Court may request the People’s Consultative Assembly (MPR), House of Representatives (DPR), Regional Representatives Council (DPD), and/or president a testimony and/or transcripts of meetings related to the petition. The testifiers’ testimonies should at least contain elaboration of the facts of the discussion of the law or government regulation in lieu of law being petitioned and/or the transcript thereof, including other matters the Court deems necessary.

A relevant party is a party whose rights and/or authorities are directly impacted by the subject of the petition or indirectly but has concerns over the petition.

Syukri then explained the requirements to file the petition. The petition can be filed online or onsite. The original copy of the petition should be written in Indonesian and signed by the petitioner/their legal counsel, consist of at least a photocopy of the identity of the petitioner/their legal counsel’s identity card, a power of attorney, and a statute/bylaw. It must also at least contain the petitioner’s profile, the Court’s authority, the petitioner’s legal standing, the background of the petition (posita), and the petitum.

Human Rights Guarantee

At the same event, Former Constitutional Justice of 2003–2008 Jimly Asshidiqie talked about “The Guarantee of the Citizens’ Constitutional Rights.” He said constitutionalism was acknowledged globally and that even a country did not have the written text of the constitution, it would say to be a constitutional state.

He then stressed that he not only talked about the supreme law of the land but also the supreme ethics. “The ethics of the nation and state is increasingly important, and should even be seen to be as important as the law. Now all countries have their own code of law,” he said.

He also said that the guarantee of human rights is regulated in Articles 28A through 28J and Articles 27 through 34 of the 1945 Constitution.

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After the presentations, the participants practiced drafting a judicial review petition with the assistance of other substitute registrars. This program is taking place online for four days, from Tuesday to Friday, May 17-20, 2022 with materials and best speakers in constitutional law and constitution speaking before 390 participants, all registered within Pusdik’s electronic system (e-Pusdik). The legal experts and practitioners will and have delivered presentations on “The Re-actualization of the Pancasila Values,” “The Constitutional Court and the Procedural for Judicial Review of Laws Against the 1945 Constitution,” “The Constitution and Constitutionalism,” “The State Administration System Based on the 1945 Constitution,” and “The Guarantee of Citizens’ Constitutional Rights Based on the 1945 Constitution.” The participants were also instructed with drafting a petition and practicing the materials.

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

Translation uploaded on 5/19/2022 14:01 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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