Constitutional Justice Suhartoyo speaking at a special education for professional advocates (PKPA) organized by the West Jakarta branch of the Association of Indonesian Advocates (Peradi) in collaboration with the Greater Jakarta Metropolitan Regional Police and Bhayangkara Jakarta Raya University, Friday (11/18/2022). Photo by MKRI/Hamdi.

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Friday, November 18, 2022 | 17:24 WIB

JAKARTA (MKRI) — Constitutional Justice Suhartoyo delivered a presentation on “The Procedural Laws in the Constitutional Court” at a special education for professional advocates (PKPA) II organized by the West Jakarta branch executive board (DPC) of the Association of Indonesian Advocates (Peradi) in collaboration with the Greater Jakarta Metropolitan Regional Police (Polda Metro Jaya) and Bhayangkara Jakarta Raya University on Friday, November 18, 2022

Procedural laws in the Constitutional Court are inseparable from its authorities, which are enshrined in the 1945 Constitution: to review laws against the Constitution, to decide authority disputes between state institutions, to decide the dissolution of political parties, and to decide disputes over election results.

Its authorities were expanded to include reviewing government regulations in lieu of laws (perppu), since they result in legal norms whose force equals that of laws.

“It must be noted that regulations under laws are within the jurisdiction of the Supreme Court, while the Constitutional Court review laws and/or government regulations in lieu of laws that are not in line with the 1945 Constitution,” he said before enthusiastic members of the Police.

Justice Suhartoyo explained that members of the Police can litigate in the Constitutional Court as a legal counsel for the Government, for example in a case on the dissolution of a political party. They could testify to represent the Government on the violations committed by a political party, which are deemed violating the Constitution and the state ideology.

Next, he explained the Court’s judicial review authority, which is its core business. He also explained two models of judicial review. First, the formal one in relation to the process of forming laws and other matters that do not include material judicial review. Second, the material one is relating to the substance of laws that is considered contrary to the 1945 Constitution.

Individual citizens, customary law communities, public or private legal entities, and state institutions may be petitioners, he said, as long as they suffer constitutional impairment.

He explained that the petitioner may be accompanied or represented by a legal counsel, who do not have to be advocates as long as they are well-versed in the Court’s procedural laws and can communicate with various parties. Not only they will advise the petitioners, but also the constitutional justices.

“In order to litigate in the Constitutional Court, one does not have to be an advocate. Judges usually ask for the counsel’s advocate membership, but it does not happen in the Constitutional Court. However, mostly advocates litigate in the Constitutional Court because they are seen to be familiar with the Court’s procedural laws,” he said.

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

Translation uploaded on 11/21/2022 09:12 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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