Constitutional Justice Daniel Yusmic P. Foekh speaking at an accreditation event at Nusa Cendana University, Friday (2/10/2023). Photo by MKRI/Bayu.

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(MKRI) — Constitutional Judge Daniel Yusmic P. Foekh was a speaker at the "University Accreditation of Higher Education Universities" event at Nusa Cendana University, Kupang, on Friday (2/10/2023) afternoon. Daniel, who was present directly on the campus, shared many things about the MK and the powers held by the MK.

At the beginning of his presentation, Daniel mentioned that the MK was born in the era of reform after the amendment of the 1945 Constitution. The existence of the MK is explained in Article 24 paragraph (2) of the 1945 Constitution which mentions, "Judicial power is carried out by the Supreme Court and the courts under it in the general legal environment, religious legal environment, military legal environment, government administration legal environment, and by a Constitutional Court."

institutions

Next, Daniel mentioned four powers of the MK in Article 24C Paragraph (1) of the 1945 Constitution and one obligation of the MK in Article 24C Paragraph (2) of the 1945 Constitution. Daniel also touched on the MK's powers in the case of disputes over the final determination of vote results in elections, which are examined and tried by the MK until a special court is established.

"As a new institution, the MK needs to socialize its vision and mission. On the other hand, the MK has been working with universities for a long time. When he was a student, he received a lecture on criminal procedure law, civil procedure law, government administration court law, and so on. However, since the existence of the MK, many universities have been working together. Typically, they have a constitutional court procedure law course. "There is a book published by the MK and distributed to the law faculties that work with the MK regarding the socialization of constitutional court procedure law," said Daniel.

Constitutional Court’s Procedural Law

Speaking about constitutional court procedure law, Daniel mentioned that constitutional court procedure law is very important, and we know that the MK has nine judges divided from the DPR, the government, and the Supreme Court. From the Supreme Court, it is a career judge so as a career judge who is very familiar with the procedure law. While other than the career judge does not master the procedure law. But experience in criminal procedure law, civil law, and so on is very influential when the career judge becomes a constitutional judge. It is very helpful. So anyone when entering the law faculty it is important to master the procedure law.

"Alumni from the law faculty are not only prosecutors, judges, and lawyers, but there are also those who become police, military, military courts, and so on. So the procedure law is very important," Daniel stated firmly.

He also said that there are several provisions that must be understood by the parties with due care. Among them, in granting power to litigate in the MK. The applicant can be represented by legal counsel. The lawyer who litigates does not have to be a lawyer.

Daniel further explained the requirements for the existence of constitutional loss, which is the existence of a constitutional right granted by the 1945 Constitution. The loss referred to can be specific and actual or at least potential that can reasonably be guaranteed to occur according to a reasonable argument; there is a causal relationship between the loss in question and the law being questioned; and the possibility that by accepting the application, the constitutional loss as described will no longer occur.

The filing of a case to the Constitutional Court is referred to as a "request" and not a "lawsuit". In this regard, Daniel says that in the case of testing laws in the Constitutional Court, there is essentially only one party in the filing of the case. In the case of testing laws in the Constitutional Court, the President, Government, and DPR are not opposing parties, but only act as information providers.

At the end of his presentation, he hopes that the Constitutional Court can continue to establish cooperation with Cendana University Kupang in order to socialize the vision and mission of the Constitutional Court and its authority. (*)

Author       : Utami Argawati
Editor        : Lulu Anjarsari P.
Translator  : Berlian Febrina Viaraputri/Rizky Chaesario (NL)

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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