Substitute registrar Rizki Amalia speaking at the technical assistance program on the Constitutional Court’s procedural laws for YLBHI, Thursday (8/11/2021). Photo by Humas MK/Wijaya.

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Thursday, August 11, 2022 | 18:53 WIB

JAKARTA (MKRI)—The third day of the technical assistance program on the Court’s procedural laws for the Indonesian Legal Aid Foundation (YLBHI) by the Constitutional Court (MK) through its Pancasila and Constitution Education Center (Pusdik) commenced virtually on Thursday, August 11, 2022.

Substitute registrar Rizki Amalia delivered a presentation on “Drafting a Judicial Review Petition.” She explained in a judicial review case, there are the petitioner, testifiers, and the relevant party. They can be represented by a legal counsel based on a power of attorney or assisted by a counsel based on a letter of appointment.

“A petitioner is someone whose constitutional rights and/or authorities are harmed by the enactment of a law. they could be individual citizens or a group of people with the same interest, customary law communities that live according to the principles of the Unitary State of the Republic of Indonesia, private and public legal entities, or state institutions,” she explained.

The Court may request a testimony and/or minutes of meetings from the MPR (People’s Consultative Assembly), DPR (House of Representatives), DPD (Regional Representatives Council), or the president in relation to the discussions of the law in question. A testimony should at least explain the facts during the discussions of the law/perppu (government regulation in lieu of law) petitioned for review, or their minutes, as well as matters that they deem important or requested by the Court.

Meanwhile, the relevant party is the party whose rights and/or authorities are directly impacted by the subject matter of the petition or indirectly but has concerns it.

A petition is filed because the petitioner has suffered constitutional impairment due to the enactment of certain laws. The impairment must be specific and actual, or at least potential. There must be a causal relationship between the impairment of the constitutional rights and the law petitioned for review.

After the presentation, in groups, the participants practiced drafting a judicial review petition following the format they were already informed. Then, they do so individually.

The program takes place on Tuesday-Friday, August 10–13, 2022 at Pancasila and Constitution Education Center, Cisarua, Bogor, West Java virtually with 186 participants, who will receive materials on the Constitutional Court and its procedural laws, constitutional interpretation, and the procedural law for judicial review of laws against the 1945 Constitution.

Writer        : Nano Tresna Arfana
Editor        : Lulu Anjarsari P.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 8/18/2022 07:51 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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