Constitutional Justice Suhartoyo speaking at a special education for professional advocates virtually, Thursday (11/3/2022). Photo by MKRI/Ifa.

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Friday, November 4, 2022 | 18:44 WIB

JAKARTA (MKRI)—All procedural laws for criminal, civil, or constitutional cases are essentially the same, said Constitutional Justice Suhartoyo virtually at a special education for professional advocates (PKPA) hosted by Iblam School of Law in collaboration with the West Jakarta branch executive board (DPC) of the Association of Indonesian Advocates (Peradi) on Friday, November 4, 2022.

Procedural laws in any judicial institution are crucial, he said, because it concerns the procedure to achieve the function of material law.

The Constitutional Court, as do other courts, recognizes legal counsels. “However, the special characteristic of legal counsels in the Constitutional Court is that they may be those who are advocates. This is the Court’s effort to provide justice seekers with easier access to justice,” he said.

Despites advocates being seen as understanding all procedural laws and material law, non-advocates may serve as counsels in the Constitutional Court. “All of you prospective advocates must understand that you will have the responsibility of understanding all procedural laws. Without them, you will not have the ability to litigate since, no matter how strong the client is, advocates need to fight for them with the understanding of the appropriate procedural law,” he stressed.

He also said that the term ‘principal’ [petitioner] is not known in the Constitutional Court Law or regulations. It is used daily in the Court in order to tell the initial petitioner apart from their legal counsel.

He also explained that a petition can be re-filed. However, the new petition must have different touchstones. He added that all petitions must include a touchstone, which is part of the 1945 Constitution. “The new petition must have a different touchstone from a previous one and must have a different background,” he said.

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

Translation uploaded on 11/10/2022 13:13 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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