Substitute registrar Syukri Asy’ari speaking at a bimtek on SKLN for Peradi members and management virtually, Wednesday (9/7/2022). Photo by MKRI/Teguh.

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Wednesday, September 7, 2022 | 15:06 WIB

JAKARTA (MKRI)—The technical assistance program (bimtek) for the management and members of the Association of Indonesian Advocates (Peradi) by the Constitutional Court (MK) at the Pancasila and Constitution Education Center (Pusdik MK) continued on its third day on Wednesday, September 7, 2022. The participants received materials on authority disputes between state institutions (SKLN).

Substitute registrar Syukri Asy’ari delivered a presentation in this session virtually. Before 273 participants, he urged the advocates to understand issues that can be made objects in SKLN cases.

He first encouraged the participants to understand the legal basis that makes up the SKLN procedural law in Articles 61-67 of the Constitutional Court Law and the Constitutional Court Regulation (PMK) No. 8/PMK/2006 on the Procedure in Authority Disputes Between State Institutions. This is an important foundation for drafting a petition. The advocates should also observe the hierarchy of state institutions in the administration system according to the 1945 Constitution, which comprises the central and regional governments.

Also read: Not All State Agencies’ Authorities Come from Constitution 

Petitioner and Respondent in SKLN

Syukri then explained subjectum litis (subject) and objectum litis (object) of the SKLN. Petitioners, he said, must understand who can be a petitioner and the respondent in a SKLN case. State institutions that can file such a petition must have authority granted by the 1945 Constitution, such as the People’s Consultative Assembly (MPR), House of Representatives (DPR), Regional Representatives Council (DPD), the president, the Supreme Court, the Audit Board (BPK), and the regional governments. The petitioner is one whose constitutional authority to have been taken away, reduced, restricted, disregarded, and/or harmed by another state institution (the respondent). Meanwhile, the object of the dispute is the authority granted by the 1945 Constitution.

Drafting SKLN Petition

Syukri also explained the format of a SKLN petition, which starts with the profile of the petitioner/respondent, comprising their name, legal counsel, and address. It also explains the Court’s authorities, the petitioner’s and respondent’s legal standing, the background of the petition (posita), and the matters the petitioner request the Court to rule (petitum).

“In the petitum, [the petitioner] can choose what to include, and it depends on the posita. For example, when they file a provisional petition, they explain why it must exist, what urgent need requires the suspension of authority, and it could have a broad impact. Therefore, the petitum clarifies what [the petitioner] wishes for,” he said before the management and members of Otto Hasibuan-led Peradi.

Two Petitioners

During the Q&A session, participants asked questions on the presentation. Bernama Muhammad asked whether SKLN petition can be filed by two petitioners. In order to help participants understand who the respondent in a SKLN case is, Syukri answered by revealing the Regional Representatives Council’s (DPD) involvement and authority in lawmaking, such as the formation of the Regional Autonomy Law or the law on regional proliferation, the DPD, whose authority is granted by the 1945 Constitution, can act as a petitioner.

“In such a case, the House and the Government can be a respondent, depending on the objectum litis,” he said.

Before ending the presentation, he reminded the participants to pay attention to several things before drafting a SKLN petition: the subject matter, the objectum litis, and the disputed authority within the 1945 Constitution. Then, the petition can be drafted by elaborating the institution’s other authorities as regulated in the law as well as the legal basis and juridical arguments.

“I hope in drafting the petition, although a mere practice, the participants’ petitions would not be obscure or ambiguous. The most important thing in this bimtek is drafting a petition that complies with the PMK,” he said.

Also read: Constitution Needs Independent Interpreter

The participants were then divided into six virtual classes and were guided by expert assistants to constitutional justices. The participants were given questions on SKLN petition drafting, which they answered individually.

The bimtek took place on Monday-Thursday, September 5-8, 2022. The participants were the management and members of the Association of Indonesian Advocates (Peradi) led by Otto Hasibuan.

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

Translation uploaded on 11/9/2022 10:16 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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