Constitutional Justice Suhartoyo speaking at the Special Education of Professional Advocate by the University of Pamulang and Peradi from the Constitutional Court, Monday (5/30/2022). Photo by Humas MK/Ifa.

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Monday, May 30, 2022 | 16:06 WIB

JAKARTA, Public Relations—The Constitutional Court’s (MK) procedural law in relation to judicial review of laws against the Constitution different from that for its other authorities, said Constitutional Justice Suhartoyo on the tenth day of the Special Education of Professional Advocate (PKPA) Batch V of the national executive board (DPN) of the Association of Indonesian Advocates (Peradi) and the University of Pamulang (Unpam) on Monday, May 30, 2022.

Speaking remotely from the Constitutional Court, he said that each of the Court’s authorities differ. For example, in the judicial review of a law, there is no dispute among the parties.

He further explained that in such a case, there is a petitioner or petitioners but no respondent. “So, it is different from the Court’s authorities in deciding on authority disputes between agencies, the dissolution of political parties, as well as the presidential, legislative, and regional elections, and even in impeachment [cases], where there might be petitioners and respondents. However, in a judicial review case there is no respondent. This is probably why the petition is not called a lawsuit. For other [types of cases], they are then called petitions, when in fact there are direct disputes [in those cases],” he explained.

Judicial Review Models

Justice Suhartoyo explained the two judicial review models. The formal judicial review concerns the lawmaking procedure and matters outside of the material review, while the material judicial review concerns the content of articles, paragraphs, or part of laws that are deemed in conflict with the 1945 Constitution.

“So, if you file a petition to the Court for alleged legally and procedurally flawed lawmaking, it is the formal review. However, if it concerns the content of the law, it is the material review,” he stressed.

If an entire formal judicial review petition is granted, the entirety of the law becomes formally flawed, no longer legally binding, and null and void. If a material judicial review petition is granted, the parts that are no longer legally binding are only those petitioned.

Justice Suhartoyo also emphasized that a formal judicial review petition can be filed only until 45 days after the law is promulgated in the State Gazette. Meanwhile, there is no deadline to the material review.

“So, until today, laws that have been around for a long time are still petitioned materially, such as the Criminal Procedure Code, which was promulgated in 1946 after the independence,” he revealed.

He also explained the granting of power of attorney. The grantor can be represented by someone. “Counsels litigating in the Constitutional Court do not have to be advocates,” he said.

Aside from that, he added, the petitioner and/or respondent could receive assistance by first submitting a request letter to the constitutional justices at the hearing. 

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

Translation uploaded on 5/31/2022 08:37 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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