Acting Director-General of Legislation of the Law and Human Rights Ministry Dhahana Putera delivering a presentation virtually at the registrar education and training, Wednesday (1/4/2023) at the Constitutional Court’s hall. Photo by MKRI/Ifa.

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Wednesday, January 4, 2023 | 15:42 WIB

JAKARTA (MKRI) — The education and training program on electronic and manual petition reception, court proceedings, and post-hearing by the Constitutional Court (MK) continued on the second day on Wednesday, January 4, 2023 at the hall of the Court’s main building. Head of the Center for Monitoring of Legislation Implementation of the House (DPR) Secretariat Tanti Sumartini, acting Director-General of Legislation of the Law and Human Rights Ministry Dhahana Putera, as well as the Court’s hearing team and summons team spoke on this second day.

Virtually, Tanti Sumartini talked about “Synchronizing Online-Based Hearing Management.” She said judicial review management has had a clear procedure and legal bases. However, there have been internal and external issues. Despite that, the case management in the Center for Monitoring the Implementation of Laws runs well.

She added that the House faces challenges when drafting statements for hearings in the Constitutional Court, such as internet connection issues and attendance during recess, which makes assistance by the House’s statement drafting team not possible.

She also said that abrupt summons to the House makes coordination difficult since parliamentary activities are dynamic. She also highlighted the importance of dismissal process, so that only cases that meet the legal standing requirement will be processed.

“There needs to be steps to improve the quality of hearings by taking into account coordination between the Court and the House, especially in relation to summons, which should be synced with the House’s parliamentary agenda. In addition, the dismissal process to filter cases registered in the Court’s [constitutional case registration book (BRPK)] must be more effective and efficient,” she said.

President’s Statement

Meanwhile, Dhahana Putera mentioned Article 54 of the Constitutional Court Law, where the Court request a testimony and/or minutes of meetings from the MPR (People’s Consultative Assembly), DPR (House of Representatives), DPD (Regional Representatives Council), or the president in relation to the discussions of the law being petitioned.

The word “may,” he said, means that the Court would not always do so, as it depends on their decision during the justice deliberation meeting. If the case is clear and can be decided without the testimony and/or minutes, the Court moves on directly to the ruling hearing.

He also explained that the Government may request to present experts and/or witnesses, as per Article 61 paragraph (1) jo. Article 62 paragraph (1) of Constitutional Court Regulation No. 2 of 2021, in writing no later than two workdays before a plenary hearing for experts and/or witnesses to the Court’s Registrar’s Office along with a list of experts and/or witnesses, their curriculum vitae, a copy of their ID cards, and a written testimony or a brief witness statement.

Drafting and Conveying President’s Conclusion

The final conclusion of the president, Dhahana explained, must include all facts as revealed during hearings, responses to the justices’ questions, responses to the relevant party’s statement, and responses to expert and/or witness’ statement. In addition, the original copy of the president’s conclusion is signed by the recipients of the president’s power of attorney and the Minister of State Secretariat on behalf of the president and submitted to the Court’s chief registrar.

On the second day of the program on Tuesday, January 3, the participants discussed the SIMPP, the main application to process the Court’s hearings. It has been improved and equipped with features such as hearing layout, online hearing attendance list, and so on.

The program will be taking place on Tuesday to Thursday, January 3-5, 2023. As many as 125 participants from the Registrar’s Office and the Secretariat-General of the Constitutional Court attended it on site. The program aims to improve understanding and harmonize the perceptions of the staff members on the procedures for receiving petitions and hearings and post-hearing, and improve understanding on case management procedure.

The presentations cover SIMPP- and website-based case management, SIMPP- and website-based case administration; personal data protection and electronic signature validity; SIMPP- and website-based petition filing services; SIMPP- and website-based hearing management; synchronization of remote hearings; SIMPP- and website-based hearing management application; case data management and SIMPP-, e-minute, and website-based case archives; as well as case archives, archive rescue and maintenance.

Speakers from BSSN, the Ministry of Law and Human Rights, the DPR Secretariat, and the National Archives of the Republic of Indonesia (ANRI), as well as the Constitutional Court’s chief registrar, deputy registrars, case registration team, court hearing teams, summons team, case and decision data processing team, and IT team will be presenting those materials.

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

Translation uploaded on 1/9/2023 08:08 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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