Constitutional Justice Suhartoyo speaking at a special education for professional advocates Batch VI, Wednesday (9/7/2022). Photo by MKRI/Ilham.

---

Wednesday, September 7, 2022 | 19:47 WIB

JAKARTA (MKRI)—Once again Constitutional Justice Suhartoyo spoke at a special education for professional advocates (PKPA) Batch VI on Wednesday evening, September 7, 2022. This time, he talked about “Litigating in the Constitutional Court” virtually from the Constitutional Court, Jakarta. The program was collaboration between the Association of Indonesian Advocates (Peradi) and the Law Faculty of the University of Pamulang (UNPAM).

The Constitutional Court’s judicial review authority, he said, have a special characteristic in that there is a petitioner but not a respondent, because the norms of law are the matter under review. In the Court the term “petition”, not “lawsuit,” is used for judicial review cases. This is different from the general and regional election cases, where there are petitioners and respondent.

Constitutional Court’s Authorities

Aside from having the authority to adjudicate laws against the 1945 Constitution, the Court is also authorized to settle authority disputes between state institutions, to decide the dissolution of political parties, and to settle disputes over general election results. It is also obligated to decide the House’s opinion on an alleged violation of law committed by the president and/or vice president. Those four authorities and one obligation, Justice Suhartoyo revealed, is mandated by the Constitution. These authorities follow Article 24C paragraphs (1) and (2) of the 1945 Constitution, Law No. 24 of 2003 on the Constitutional Court, and Law No. 48 of 2009 on Judicial Power.

It also has an additional authority to rule on regional head election disputes, which is not granted by the Constitution but by Law No. 10 of 2016 on Regional Election.

Judicial Review Models

Justice Suhartoyo added that there are two judicial review models: material and formal. Material judicial review concerns the content of articles, paragraphs, or part of laws that are deemed in conflict with the 1945 Constitution. Meanwhile, formal judicial review concerns the lawmaking process and matters outside of the material review.

He also explained that the petitioner and/or respondent can be assisted by a legal counsel or represented by a proxy. “The legal counsel does not have to be an advocate,” he said. they can also be accompanied by a counsel after submitting a letter to the constitutional justices at one of the hearings.

Writer        : Utami Argawati
Editor        : Lulu Anjarsari P.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 11/10/2022 10:27 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.

---