Constitutional Court substitute registrar Rizki Amalia sharing her experience at the virtual technical assistance program for legal analysts Batch I from the Pancasila and Constitution Education Center, Wednesday (7/6/2022). Photo by Humas MK.

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Wednesday, July 6, 2022 | 15:18 WIB

JAKARTA, Public Relations—Around 400 legal analysts followed the Technical Assistance Program on the Procedural Law for Judicial Review for Legal Analysts Batch I on the third day on Wednesday, July 6, 2022. From her office at the Constitutional Court in Jakarta, substitute registrar Rizki Amalia shared her experience virtually alongside moderator Melati Kusuma Wardani from the Constitutional Court’s Pancasila and Constitution Education Center (Pusdik MK).

Rizki began her presentation by introducing the litigants in the Constitutional Court pursuant to Article 3 and Article 7 paragraph (1) of the Constitutional Court Regulation (PMK) No. 2 of 2021. They are the petitioner, the testifier, and the relevant party. They may be represented by legal counsels based on a power of attorney and/or assisted based on letter of appointment.

Also read: Technical Assistance on Procedural Law for Judicial Review Necessary for Legal Analysts

Based on Article 51 paragraph (1) of the Elucidation to the Constitutional Court Law and Article 4 paragraph (1) of PMK No. 2 of 2021, a petitioner is anyone who believes that their constitutional rights and/or authorities are harmed due to the enactment of the norms of a law. They could be individual citizens or group of citizens with common interests, 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.

“As for state institutions, [the requirement] is broader. Their authority may be granted by the Constitution, laws, or regulations under laws. When [a state institution] files [a petition] to the Court, it must prove its founding through legislation,” Rizki explained.

She then explained that the Petitioner must elaborate the impairment of constitutional rights and/or authorities in the petition. This constitutional impairment must be specific, actual, or potential. She illustrated this by revealing about a Petitioner who challenged the age limit in the appointment of Audit Board (BPK) members. She encouraged the participants to imagine the elaboration required in such a petition.

Also read: Legal Analysts Learn about Constitutional Court

After the presentations and instruction on drafting a judicial review petition, the legal analysts practice drafting a petition. They were divided into 7 groups, each assisted by a substitute registrar.

The program, set to take place for four days on Monday-Thursday, July 4‒7, 2022, was attended by 400 participants. The participants received materials on the Constitution, the Constitutional Court, the procedural law for judicial review, and the drafting of judicial review petition. Former constitutional justices, substitute registrars, and other speakers would deliver presentations.

Writer        : Sri Pujianti
Editor        : Lulu Anjarsari P.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 7/7/2022 13:27 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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