Substitute registrar Saiful Anwar speaking at a technical assistance program for legal analysts Batch II, Thursday (8/25/2021). Photo by MKRI/Teguh.

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Thursday, August 25, 2022 | 13:06 WIB

JAKARTA (MKRI)—On the third day, 376 legal analysts attended the technical assistance program for legal analysts Batch II and listened to presentations on drafting the judicial review petition. Substitute registrar Saiful Anwar shared his experience virtually along moderator Santhy Kustrihardani from the Constitutional Court’s (MK) Pancasila and Constitution Education Center (Pusdik) on Thursday, August 25, 2022.

Saiful began his presentation by introducing the litigants in Court proceedings following Article 3 and Article 7 paragraph (1) of the Constitutional Court Regulation (PMK) No. 2 of 2021: the petitioner, testifiers, and relevant party, who can be represented by a proxy based on a special power of attorney and/or accompanied by a legal counsel based on a letter of appointment.

Judicial review, he said, concerns one party (petitioner), who challenges the norms of law. “There is a petitioner but no respondent or opposing party,” he said.

He also explained that a petitioner is someone who believes their constitutional rights and/or authorities had been harmed by the enactment of a law. They could be individual citizens, 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.

Also read: Justice Anwar Usman Stresses Importance of Constitutional Rights to Legal Analysts

Saiful also explained that 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), and/or the president. 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.

“The relevant party is the party who has direct interest in the subject matter of the petition or is indirectly affected by it but has concerns over the petition,” he explained.

After the presentation concluded, it was followed by a practice of drafting a petition, where the participants were divided into different groups to draft a petition following the standard format they learned. Then they did it individually.

Also read: Legal Analysts Learn Constitutional Court’s Procedural Laws

The program would run for four days from Tuesday- Friday, August 23-26, 2022 with 376 participants. The participants would receive 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        : Utami Argawati
Editor        : Lulu Anjarsari P.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 11/7/2022 09:28 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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