Constitutional Justice Daniel Yusmic P. Foekh speaking at a national seminar by the Law Faculty of the University of North Sumatera, Saturday (10/15/2021) at the Constitutional Court. Photo by Humas MK/Bayu.

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Saturday, October 15, 2022 | 20:31 WIB

JAKARTA (MKRI)—Constitutional Justice Daniel Yusmic P. Foekh spoke at a national seminar organized by the Law Faculty of the University of North Sumatera on Saturday, October 15, 2022. At the on-site seminar, which was hosted in compliance with health protocol, he talked about “The Opportunities and Challenges of Judicial Review in the Constitutional Court.”

He talked about the Court’s additional authority to decide judicial review cases of government regulations in lieu of laws (perppu) and disputes over the results of regional elections until the establishment of a special judicial body tasked with resolving them. Since the Court’s Decision No. 138/PUU-VIII/2009, the Court has not ruled to either grant or reject a petition on perppu. Such cases were dismissed because the perppu either had been approved by the House or not.

“Based on the Constitutional Court Decision No. 138/PUU-VII/2009, the perppu is needed in during crisis situation in order to solve legal issues swiftly where the law has not existed, hence legal vacuum, or when the law is not able to resolve it, where lawmaking takes time,” he said on site. He also quoted former constitutional justices Jimly Asshiddiqie, Maria Farida Indrati, and Bagir Manan, as well as Constitutional Court decisions on the definition of ‘compelling crisis situation.’

Justice Foekh said, in 2009–2021, the Court reviewed 29 perppus as part of its duty. “Until May 17, 2021, the Court has registered and ruled on 29 cases on the judicial review of the perppu. Most of them were dismissed or withdrawn,” he explained.

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

Translation uploaded on 10/26/2022 12:37 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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