Substitute registrar Syukri Asy’ari speaking at a technical assistance program on the Constitutional Court’s procedural law for Peradi administrators and members virtually, Thursday (8/4/2021). Photo by Humas MK/Teguh.

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Thursday, August 4, 2022 | 12:21 WIB

JAKARTA, Public Relations—Substitute registrar Syukri Asy’ari introduced the judicial review petition to all participants of the technical assistance program on the Constitutional Court’s procedural law for the management and members of the Association of Indonesian Advocates (Peradi), organized by the Constitutional Court’s (MK) Pancasila and Constitution Education Center (Pusdik). He introduced them to the litigants in a judicial review case and what constitute the impairment of constitutional rights and/or authorities that the petitioner must argue in their petition. He also explained what constitute testifiers based on Article 54 of the Constitutional Court Law and Article 23 of the Constitutional Court Regulation (PMK) No. 2 of 2021.

“The Court may request a testimony and/or minutes of meetings from the DPR (House of Representatives), the president, the DPD (Regional Representatives Council), or the People’s Consultative Assembly (MPR) if it feels any need for further information, so it is not mandatory but [optional]. A testimony usually explains matters that the Court needs in relation to the formation of the law petitioned for review or those relating to the petitioner’s arguments of their constitutional impairment due to the enactment of the law,” Syukri explained before 284 participants virtually on the fourth day of the program on Thursday, August 4, 2022.

He then explained the relevant party and their interest in judicial review cases as well as the procedure to file such a case. Before concluding his presentation, he offered tips in drafting a petition and to avoid making it vague. He said the posita must correspond with the petitum, the object of petition must be clear, and the petitioner’s legal standing must be explained soundly.

“The points must be consistent. The points of petitum must be reviewed to avoid contradiction. There shouldn’t be any error in detailing the object of the petition—the exact verse of the article. Find a valid source of the norm being petitioned. The requirements for legal standing must be met as set in the PMK to ensure [the petitioner] has the right to file the case,” he explained.

After the presentation and the Q&A session, the participants were divided into seven online classes to practice drafting a judicial review petition individually under the guidance of moderators and substitute registrars. They were expected to show commitment in drafting the petition in order to receive a certificate of participation.

Also read: 

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Writer        : Sri Pujianti
Editor        : Nur R.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 8/8/2022 07:52 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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