Constitutional Justice Manahan M. P. Sitompul delivering a public lecture at the Law Faculty of Widya Mandira Christian University, Kupang, East Nusa Tenggara, Friday (9/23/2022). Photo by MKRI.

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Saturday, September 24, 2022 | 14:30 WIB

KUPANG (MKRI) — Since the start of the COVID-19 pandemic until it started to decline, the Constitutional Court (MK) has continued to try to open access to justice by holding hearings by implementing strict health protocol. It ensured that all hearing officers were in good health and had been fully vaccinated as part of the effort to protect the citizens’ constitutional rights.

The statement was made by Constitutional Justice Manahan M. P. Sitompul at the beginning of a public lecture on “The Procedural Law for Judicial Review in the Constitutional Court amid Pandemic and the Protection of Citizens’ Constitutional Rights” at the Law Faculty of Widya Mandira Christian University (Unwira), Kupang, East Nusa Tenggara on Friday, September 23, 2022.

Unwira rector Philipus Tule, law faculty dean, and students were in attendance. In his remarks, Tule said that the constitutional justice’s attendance was an honor for the university ahead of its 40th anniversary.

“It is extraordinary that our campus is visited by His Excellency constitutional justice a day before the 40th anniversary of Unwira on September 24,” he said.

Justice Manahan said in his presentation that during the COVID-19 pandemic, the Constitutional Court continues to hold hearings, comply with the government’s health protocol, and prepared risk mitigation for justice seekers and the officers.

“Amid the COVID-19 health crisis, hearings continue, because legal process cannot be halted. If it was, injustice could occur,” he said.

He revealed the types of cases that the Court held during the pandemic: the resolution of disputes over the 2020 regional election results and judicial review of laws. “Throughout 2021, the Court held 924 hearings for cases on disputes over regional election results, judicial review, and interagency disputes,” he explained.

IT-Based Procedural Laws amid Pandemic

The Court’s procedural laws did not change, but were adjusted to the pandemic. They now include things such as social distancing, masking, restriction on the number of people indoors, and the use of information technology.

“The Court holds hybrid (onsite and virtual) hearings with IT, even before pandemic using video conference facilities, so it is already prepared for remote hearings,” Justice Manahan said.

All hearings during the pandemic, he said, are organized following the procedural laws and statutory legal principles. All parties are heard and all petitions filed are registered by the Court.

He also talked about the development in the Court’s procedural law on the judicial review of government regulations in lieu of laws (perppu), which was initially not been regulated in the Court’s procedural law or regulation.

“However, it ruled that it can review perppu because its substance are the same as that of a law,” Justice Manahan said.

“Amid the pandemic, two perppus were petitioned to the Court, then were passed into Laws on COVID-19. This shows that the people’s legal awareness has increased,” he stressed.

Law on COVID-19 and National Economic Recovery

Not only did Justice Manahan explained the Court’s procedural laws amid the pandemic, he also talked about the Court’s role in its decisions relating to the COVID-19 Law.

“So, the community also monitor the Government by petitioning the COVID-19 Law to the Constitutional Court, both formally and materially. There were 9 petitions but only 1 was partially granted,” he revealed.

In order to rehabilitate the people’s welfare, the Government set up the national economic recovery program. One of the Court’s decisions corrected the COVID-19 Law since it was unconstitutional.

“Through this decision, the Court provided interpretation of the articles that harmed the citizens’ constitutional rights. The Court revoked the immunity of members of the Financial System Stability Committee (KKSK) in the COVID-19 Mitigation Law and declared that the COVID-19 Law would be in force for two years,” he stressed.

Justice Manahan also mentioned the suspension of debt payment case of Garuda Indonesia, which also filed for bankruptcy, as well as the recovery programs for MSMEs amid the pandemic. He emphasized that the state must focus on the people’s safety aside from the state’s.

“In the urgent situation amid the COVID-19 pandemic, the lives of the citizens of Indonesia are threatened, so the people’s safety is the most important,” he emphasized.

Writer        : Mohammad Mahrus Ali
Editor        : Nur R.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 11/17/2022 13:57 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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