Constitutional Justice Daniel Yusmic P. Foekh giving a public lecture at Artha Wacana Christian University in Kupang, East Nusa Tenggara, Friday (6/3/2021). Photo by Humas MK/Agung.

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Friday, June 3, 2022 | 14:04 WIB

JAKARTA, Public Relations—Constitutional Justice Daniel Yusmic P. Foekh gave a public lecture on the Constitutional Court’s (MK) procedural law at Artha Wacana Christian University (UKAW) onsite in Kupang, East Nusa Tenggara on Friday, June 3, 2022. The judicial power, he said, is made by a Supreme Court and judicial bodies thereunder within a general judicature, religious court, military court, state administration court, and by a Constitutional Court. “The amendment to the 1945 Constitution led to the founding of several new state institutions such as the Regional Representatives Council, the Judicial Commission, and the Constitutional Court,” he said.

He said the Constitutional Court was one of the state institutions that exercised independent judicial power to administer justice to uphold law and justice. “It is very important to understand the mechanisms and proceedings in the Constitutional Court as one of the actors of judicial power in order to defend the citizens’ constitutional rights as guaranteed in the 1945 Constitution,” he stressed.

In addition, the Constitutional Court has a mission to raise constitutional awareness among citizens and state administrators. “I believe today’s public lecture is part of the effort to improve constitution awareness among citizens, especially the academic community and students who are the nation’s next generation,” he added.

He also explained that judicial review petitions are submitted in writing in Indonesian and signed by the petitioner or their proxy. In addition, it must be accompanied by evidence. “The filing of a petition to the Constitutional Court is not subject to court fees, everything is free,” he said. After the petition is ready, it is submitted directly to the Registrar’s Office onsite or online.

The general aspects of the Constitutional Court’s procedural law, Justice Foekh explained, include the filing of petition, evidence, hearings, and decision. The petition is filed in writing in Indonesian, following the provisions for a petition. The submission is free of charge. The evidence can be in the form of writing in letters, statements of witnesses and relevant parties, and other evidence in the form of information that can be stored electronically. The hearings, he explained, consists of a preliminary hearing presided over by a panel, followed by plenary hearings attended by the nine constitutional justices or at least by seven justices.

Justice Foekh also explained that the Court uses the term “petition” instead of “lawsuit” as is common in civil law because it relates more to public interest and does not contain a contentious interest. Thus, the House of Representatives (DPR), the Government, including the Regional Representatives Council (DPD) are not the petitioner’s adversaries, but only testify on the norms being petitioned.

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

Translation uploaded on 6/6/2021 11:06 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian version, the Indonesian version will prevail.

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