Retired Civil Servant Revises Background of Petition on Constitutionality of Judicial Review

The Petitioner’s legal counsels Henny Aliah Zahra and Nurlaila at the material judicial review of the Judicial Law and the Supreme Court Law, Monday (1/30/2022). Photo by MKRI/Ifa.

Monday, January 30, 2023 | 14:09 WIB

JAKARTA (MKRI) — The Constitutional Court (MK) held a preliminary hearing to review Law No. 48 of 2009 on Judicial Power and Law No. 14 of 1985 in conjunction with Law No. 5 of 2004 in conjunction with Law No. 3 of 2009 on the Supreme Court on Monday, January 16, 2023 in the plenary courtroom. The petition No. 3/PUU-XXI/2023 was filed by retired civil servant Ihda Misla.

Before the justice panel chaired by Constitutional Justice Manahan M. P. Sitompul, legal counsel Henny Aliah Zahra conveyed the revisions to the petition on the Court’s jurisdiction and the Petitioner’s legal standing. “The background to the petition, the petitum, and the Petitioner’s constitutional impairment, which had not been included, has now been included,” she said.

Also read: Constitutionality of Judicial Review Questioned

The Petitioner filed the petition as he had submitted an extraordinary legal remedy of judicial review petition, which had ruled by the Corruption Court at the Banda Aceh District Court through Decision No. 55/Pid.SusTPK/2019/PN.Bna in conjunction with Decision No. 763/PK/Pid.Sus/2022 dated August 4, 2022. The Supreme Court rejected the Petitioner’s judicial review petition. Chapter 18 of Law No. 8 of 1981 on the Criminal Procedure Code stipulates that judicial review is one of the extraordinary legal measures in Indonesian judiciary. Extraordinary legal measures are exception of ordinary legal measures or district court trials. The Petitioner requested that the Court declare Article 24 paragraph (2) of Law No. 48 of 2009 on Judicial Power and Article 66 paragraph (1) of Law No. 14 of 1985 on the Supreme Court unconstitutional and not legally binding.

At the preliminary hearing, the Petitioner argued that Article 24 paragraph (2) of the Judicial Law and Article 66 paragraph (1) of the Supreme Court Law unconstitutional as they were not in line with the principle of the rule of law, which guarantees the citizens’ constitutional right to fight for justice and is contrary to responsive and progressive law. So, there should be no restrictions to seeking justice. Therefore, justice takes precedence over legal certainty, so a judicial review petition should be able to be filed more than once for seeking justice, even though legal certainty is ignored. On the other hand, judicial review clearly is irrelevant to legal certainty.

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

Translation uploaded on 1/30/2023 16:16 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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