Justice Enny Talks Procedural Laws at Balitar Islamic University

Constitutional Justice Enny Nurbaningsih speaking at special education program for professional advocates (PKPA) organized by Balitar Islamic University and Peradi of Blitar. Friday-Saturday (1/13-14/2022). Photo by MKRI.

Monday, January 16, 2023 | 14:09 WIB

BLITAR (MKRI) — Constitutional Justice Enny Nurbaningsih delivered a presentation at the special education for professional advocates (PKPA) Batch II organized by Balitar Islamic University and the Blitar branch of the Association of Indonesian Advocates (Peradi) on Friday-Saturday, January 13-14, 2023 on site at the Law Faculty building of Balitar Islamic University, Blitar, East Java.

On the first day, Justice Enny delivered a presentation on “The Constitutional Court and the Procedural Law for Judicial Review.” She said the establishment of the Constitutional Court (MK) was inseparable from the Reform agendas through the four amendments to the 1945 Constitution. In the third amendment, Article 24C on the Constitutional Court was added.

The Constitutional Court’s authorities are regulated in Article 24C paragraph (1) of the 1945 Constitution: to adjudicate laws against the 1945 Constitution, to settle authority disputes between state institutions, to decide the dissolution of political parties, and to settle disputes over general election results. The Court has also been granted an additional authority to resolve disputes over the results of regional elections, which has become the Court’s authority permanently.

Justice Enny also explained the general aspects of the procedural law for judicial review in the Constitutional Court, starting by explaining the differences between the material and formal review.

“The formal review concerns lawmaking process/procedure. Meanwhile, the material review of a law concerns the substance of the law considered contrary to the 1945 Constitution,” she said.

She further explained that those who have legal standing in a judicial review case, and the conditions for constitutional impairment, the Petitioner’s constitutional rights that have been harmed by the enactment of the Law. This impairment must be specific, actual, or potential. There must also be causality between the rights and the law petitioned for review.

She added that a judicial review petition consists of the petitioner’s profile, the Court’s authority, the petitioner’s legal standing, the posita, and the petitum. It can be filed in person to the Court or online through SIMPEL application.

On the second day, Justice Enny discussed “The Procedural Law for Disputes over General and Regional Election Results.” She explained the design of the 2024 simultaneous election.

“Based on the Constitutional Court Decision No. 67/PUU-XIX/2021, the design of the national simultaneous general election chosen by the legislators in 2024 is in two stages: (i) simultaneous general election to elect members of the DPR, DPD, and DPRD, as well as president/vice president; and (ii) some time after that, a simultaneous regional election,” she explained.

She also alluded to the deadlines for filing petitions on election disputes. Petitions on presidential election results disputes should be filed no later than three days after the determination of the vote acquisition results by the respondent. For disputes over legislative election, the deadline is 3 x 24 hours since the vote acquisition results is announced by the respondent. For disputes over regional election results, it is three workdays since the vote acquisition results is announced by the provincial or regency/city KPU.

Justice Enny also revealed the deadlines of the settlement of those cases. It is fourteen weekdays for presidential election results disputes since the petition is registered in the constitutional case registration book (BRPK), 30 weekdays for legislative election results disputes since the petition is recorded in the BRPK, 45 weekdays for regional election results disputes since the petition is recorded in the BRPK.

Writer        : M. Lutfi Chakim
Editor        : Lulu Anjarsari P.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 1/18/2023 15:29 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.

Monday, January 16, 2023 | 14:09 WIB 169