Constitutional Justice Daniel Yusmic P. Foekh reading out the Court’s legal considerations at the ruling hearing of Law No. 5 of 2022 on North Sulawesi Province, Thursday (7/7/2022). Photo by Humas MK/Ifa.

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Thursday, July 7, 2022 | 18:10 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) decided to dismiss a petition against Law No. 5 of 2022 on North Sulawesi Province, Chief Justice Anwar Usman announced alongside the other constitutional justices at a virtual ruling hearing for Decision No. 63/PUU-XX/2022 on Thursday, July 7, 2022. The formal petition was lodged by university student Imanuel Mahole.

In its legal considerations, the Court highlighted the time the petition was lodged. The Court had stressed in its decisions that a formal judicial review petition of a law against the 1945 Constitution must be filed within 45 days since the law is promulgated in the State Gazette and the Supplement to the State Gazette.

Also read: UGM Graduate Student Challenges North Sulawesi Law

“The Court carefully observed that the Petitioner’s petition had been filed on April 30, 2022 as indicated by the petition filing certificate No. 57/PUU/PAN.MK/AP3/05/2022 and recorded in the electronic constitutional case registration book (e-BRPK) on April 7, 2020 under petition No. 63/PUU-XX/2022. Meanwhile, Law No. 5 of 2022 was promulgated on March 16, 2022 in the State Gazette of 2022 No. 65, Supplement to the State Gazette No. 6776. Therefore, the Petitioner’s petition had been filed on the 46th day since the promulgation,” Constitutional Justice Daniel Yusmic P. Foekh said, reading out the Court’s opinion.

The Petitioner also agreed on this fact. At the petition revision hearing on Wednesday, June 22, 2022, the Petitioner had admitted that the petition had passed the deadline, which is regulated in Article 9 paragraph (2) of the Constitutional Court Regulation No. 2 of 2021 on the Procedural Law for Judicial Review.

Also read: UGM Graduate Student Does Not Revise Petition on North Sulawesi Law

Based on those legal facts, the petition was declared not meeting the deadline requirement for formal judicial review petition, thus the Court did not consider the Petitioner’s legal standing, the subject matter of the petition, and other matters. 

Writer        : Nano Tresna Arfana
Editor        : Nur R.
PR            : Raisa Ayudhita
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 7/11/2022 08:26 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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